Firm Accomplishments CITIZEN, TAXPAYER, PUBLIC INTEREST CASES

Sloan v. Sanford, 357 S.C. 431, 593 S.E.2d 470 (2004). The S.C. Constitution prohibits the Governor from holding a commission from any other power. A citizen challenged the Governor's right to hold a commission in the US Air Force Reserve. The S.C. Supreme Court ruled that a taxpayer and citizen possessed public interest standing to make the challenge. See video of oral argument and ETV commentary.

Sloan v. School District of Greenville County, 342 S.C. 515, 537 S.E.2d 299 (Ct. App. 2000). A taxpayer challenged the legality of a public procurement of construction of three middle schools. The Court of Appeals ruled, for the first time, that a taxpayer possessed standing to make the challenge to a public expenditure. On remand, the trial court ruled that an "emergency" for procurement purposes does not include getting schools "open by August to comply with long range plans." The Court awarded the taxpayer attorneys' fees.

Sloan v. Wilkins, 362 S.C. 430, 608 S.E. 2d 579 (2005). The S.C. Constitution requires each Act shall "relate to but one subject." The General Assembly passed the Life Sciences Act that was "teeming with subjects." A citizen challenged the constitutionality of the Act. The S.C. Supreme Court declared the Act unconstitutional in part and awarded Plaintiff costs and attorneys fees.

Sloan v. S.C. Dept. of Transportation, 365 S.C. 299, 618 S.E.2d 876 (2005). The S.C. Code required the DOT to procure only from the lowest bidder. The DOT procured more than $1 billion of construction including the Cooper River Bridge using Requests for Proposals instead of Competitive Sealed Bids. The S.C. Supreme Court ruled that a taxpayer possessed standing to challenge the procurements and declared procurements illegal. S.C. Supreme Court Case of the Month, April, 2005. See video of oral argument.

Cornelius v. Oconee County, 369 S.C. 531, 633 S.E.2d 492 (2006). An Oconee County referendum authorized the County to enter the sewer business, provided the County did not fund it with property taxes. Thirty years later, the County attempted to fund sewer expansion using property taxes. A taxpaying citizen sued, contending the referendum prevented it. The Court ruled for the citizen and awarded her costs and attorneys' fees. The S.C. Supreme Court affirmed both rulings.

Sloan v. Hardee, 371 S.C. 495, 640 S.E. 2d 457 (2007). A S.C. statute allowed DOT Commissioners to serve no more than "one consecutive term." Three DOT Commissioners were serving more than "one consecutive term." A taxpaying citizen sued. The S.C. Supreme Court ruled that the Commissioners were serving in violation of the law, and they resigned.

Sloan v. Friends of the Hunley, 369 S.C. 20, 630 S.E. 474 (2006). A citizen sued to obtain production of documents under FOIA. For five years, Friends of the Hunley litigated, denying that it was a "public body" subject to FOIA. At oral argument at the Supreme Court, their lawyer conceded that Friends of the Hunley was a "public body" subject to FOIA. S.C. Supreme Court Case of the Month, November, 2005. See video of oral argument.

South Carolina Public Interest Foundation v. Harrell, 2008 WL 2490455 S.C., June 23, 2008. The S.C. Constitution requires each Act shall "relate to but one subject." The 2008 General Assembly passed three acts that contained extensive duplication and related to more than "one subject." The S.C. Supreme Court declared them unconstitutional, in part.

Sloan v. Greenville County, 356 S.C. 531, 50 S.E.2d 338 (Ct. App. 2003). When a County decides to procure using Requests for Proposals instead of Competitive Seals Bids, the County must issue a written determination justifying the decision. A County taxpayer challenged the sufficiency of three determinations. The Court and ruled that the purpose of a determination is to inform the legislative body and the public of the basis for the decision, to enable a meaningful review. The Court found one of the written determinations insufficient.

Sloan v. School District of Greenville County: A citizen challenged alternative school financing and settled pending appeal: BEST agreed to be subject to School District Procurement Code, to be subject to FOIA, and to reimburse more than $120,000 in attorneys' fees.

Colleton County Taxpayers Association v. School District of Colleton County, 371 S.C. 224, 638 S.E.2d 685 (2006). Citizens and taxpayers challenged alternative school financing and settled pending petition for cert to U.S. Supreme Court. The Corporation agreed to be subject to School District Procurement Code, to be subject to FOIA, and to reimburse $25,000 of attorneys' fees. Other citizens and taxpayers secured similar settlements from the School District of Pickens County and Greenwood School District50.

McSherry v. Spartanburg County Council, 371 S.C. 586, 641 S.E.2d 431 (2007). The County was required to give each ordinance three readings. The County, by ordinance, imposed an annual user fee on automobiles, but conducted the first reading (by title), when neither the proposed ordinance nor its title was written. The S.C. Supreme Court found the taxpayer possessed standing to challenge the ordinance, but nevertheless ruled that the procedure did not violate the statute. Shortly thereafter several members of Council who had voted for the user fee were voted out of office.

SCPIF v. Judicial Merit Selection Commission, 369 S.C. 139, 632 S.E.2d 277 (2006). State law requires candidates for resident Circuit Judges to be "from" a county in that circuit. A citizen challenged the Commission's failure to determine whether a candidate for a resident judgeship for Beaufort County was, in fact, from Charleston County.

Sloan v. City of Greenville (cameras case): A taxpayer challenged the failure of the City to require a written determination to procure $600,000 of security cameras without sealed bidding. The Court ruled that the City's failure to require a written determination was illegal.

Sloan v. Greenville County The County allows each council member to spend several thousand dollars annually, without a vote of the entire Counsel (slush funds). A citizen challenged the practice. The Court ruled that the County violated its own Guidelines for the use of "discretionary funds" available to individual counsel members.

Sloan v. Greenville Hospital System. A public hospital procured nearly $10 million of parking deck construction without competitive sealed bidding. A citizen challenged the legality of the procurement. The Court ruled that the determination to procure without sealed bidding was insufficient, and therefore the procurement was illegal.

Sloan v. S.C. Dept. of Transportation (Ladson Road). A taxpayer challenged the sufficiency of DOT's "emergency" determination to procure $8 million in road construction to deal with a political and public relations crisis.