Justia South Carolina Supreme Court Opinion Summaries

Ten health care entities, along with the South Carolina Hospital Association and the South Carolina Health Care Association sought a declaration from the Supreme Court that the South Carolina Department of Health and Human Services (DHEC) was obligated to enforce the State Certification of Need and Health Facility Licensure Act (the CON Act) and fund the certificate of need (CON) program despite the South Carolina House of Representative's failure to override the Governor's veto of the line item in the state budget providing funding for the program. Upon review of matter in its original jurisdiction, the Supreme Court granted the Petitioners' requested relief. View "Amisub v. SCDHEC" on Justia Law

This case involves the payment of attorney's fees and expenses to attorneys, Appellant Tara Dawn Shurling and co-counsel, who were court-appointed to represent an indigent charged with multiple criminal offenses. Shurling was appointed to represent an indigent defendant in a criminal prosecution for murder, assault with intent to kill, criminal conspiracy, possession of a weapon during a violent crime, and possession of marijuana. Shurling sought approval for her fees and expenses to exceed the statutory caps provided by the South Carolina Indigent Defense Act. The trial court determined that the initial funding order precluded an award for the fees and expenses sought by appointed counsel, which total $46,388.66. Finding no reversible error, the Supreme Court affirmed. View "South Carolina v. Hackshaw" on Justia Law

The issue before the Supreme Court in this appeal centered on a court of appeals' decision to reverse the administrative law court's (ALC) final order, which reversed and denied the South Carolina Department of Health and Environmental Control's (DHEC) issuance of a permit to respondent MRR Highway, 92, LLC for a commercial construction, demolition waste and land-clearing debris (C&D) landfill (the Landfill). Upon review of the circumstances of this case, the Supreme Court concluded the appellate court erred in reversing the ALC, so it reversed and reinstated the ALC's final order. View "Engaging & Guarding Laurens County's Environment v. South Carolina Dept. of Health and Environmental Control" on Justia Law

When the Respondent City of Myrtle Beach transferred $302,545 of accommodations tax (A-Tax) funds into the City's general fund and bypassed the Act's provisions, Appellant Tourism Expenditure Review Committee (TERC) invoked its authority under section 6-4-35(B) and certified those expenditures as "noncomplian[t] to the State Treasurer." The Administrative Law Court (ALC) reversed TERC's noncompliance certification. Upon review of the matter, the Supreme Court concluded the ALC's acceptance of the City's characterization of the funds as "general funds" was error, because the City's internal documents unmistakably revealed that it "decided to sweep accommodations tax funds to the General Fund to cover tourism related public services." View "City of Myrtle Beach v. Tourism Expenditure Review Committee" on Justia Law

The plaintiffs in this case consist of four Charleston citizens' groups. Plaintiffs brought suit seeking an injunction against what they believed to be the unlawful use of a terminal by the Carnival Corporation's cruise ship, the "Fantasy." The Terminal is within the City's Old and Historic District which is listed on the National Register of Historic Places maintained by the United States Department of the Interior. Plaintiffs' complaint sought injunctive relief based on ten claims: seven based on City ordinances, a public nuisance claim, a private nuisance claim, and a claim based on the South Carolina Pollution Control Act. Following a hearing, the trial court commissioned a report which concluded: that as a matter of law, none of the ordinances applied to the Fantasy's use of the Terminal; the Pollution Control Act did not govern the Fantasy's discharges in South Carolina waters; but that the complaint made sufficient allegations to set forth both a private and a public nuisance cause of action. Plaintiffs and Defendants filed exceptions to the report. After considering the report and the exceptions, the Supreme Court dismissed the noise ordinance, sign ordinance, and Pollution Control Act claims, and withheld ruling on the motions to dismiss on the five zoning and two nuisance claims. After ordering briefing on the issues of standing, preemption, and whether the zoning ordinances applied to the Fantasy's use of the Terminal, the Supreme Court concluded Plaintiffs lacked standing. Accordingly, the Court granted Carnival's motions to dismiss. View "Carnival Corporation v. Historic Ansonborough Neighborhood" on Justia Law

Appellant Centex International filed consolidated income tax returns for three of its corporate affiliates. It appealed an Administrative Law Court order that upheld the state Department of Revenue's denial of its claim for tax credits for the 2002-2005 tax years. Finding no error in the ALC's calculation of the tax, the Supreme Court affirmed. View "Centex International v. SCDOR" on Justia Law

Employee-claimant Cathy Bone filed a workman's compensation claim for a work-related injury. The employer, U.S. Food Service, and its carrier Indemnity Insurance Co. of North America disputed the claim. The single commissioner and an Appellate Panel of the South Carolina Workers' Compensation Commission issued orders denying the claim. Under the procedure then in place, Bone appealed to the circuit court, which concluded the injury was compensable and remanded the matter to the Commission for further proceedings. The employer appealed the circuit court's order, and the Court of Appeals dismissed the appeal on the basis the order was not a "final judgment" and thus not immediately appealable because further proceedings were ordered before the administrative agency. The Supreme Court granted Petitioners' petition for a writ of certiorari to review the decision of the Court of Appeals, and the Supreme Court affirmed. The high court subsequently granted a petition for rehearing filed by the employer, and it additionally granted the following two motions: (1) Bone's motion to argue against precedent, and (2) the motion of the South Carolina Defense Trial Attorneys' Association to accept its Amicus Curiae Brief in support of Petitioners. After considering the record in this matter, as well as the briefs and arguments, the Court adhered to its original decision to affirm. View "Bone v. U.S. Food Service" on Justia Law

Appellant John Rainey sued the Honorable Nikki Haley, Goveror of South Carolina, seeking a declaration that the Governor violated the State Ethics Act when she was a member of the House of Representatives. The circuit court dismissed the action for lack of jurisdiction, finding the House Ethics Committee had exclusive jurisdiction to hear ethics complaints against its members. The Supreme Court agreed and affirmed. View "Rainey v. Haley" on Justia Law

Plaintiffs Edward Sloan and the South Carolina Public Interest Foundation filed suit in the Supreme Court's original jurisdiction for a determination of whether the South Carolina Transportation Infrastructure Bank was constitutional. Plaintiffs alleged the Bank violated both the dual office holding and the separation of powers prohibitions of the South Carolina Constitution. Finding the statute at issue here (11-43-140, So. Car. Code (2011)) was constitutional, the Supreme Court ruled in favor of the Bank. View "SC Public Interest Foundation v. SC Transportation Infrastructure Bank" on Justia Law

Plaintiffs Health Promotion Specialists, LLC sued the state Board of Dentistry based on the Board's enactment and enforcement of regulations relating to certain procedures performed by dental hygienists in school settings. The Board was awarded summary judgment; Health Promotion appealed, arguing the circuit court erred by concluding: (1) the Board was immune from suit under the state Tort Claims Act; (2) Health Promotion could not maintain an action under the state Unfair Trade Practices Act because the Board was not a "person" and its actions were not within "trade or commerce;" and (3) Health Promotions could not amend its complaint. Upon review, the Supreme Court found the Board was immune from suit and affirmed the circuit court's grant of summary judgment. View "Health Promotion Specialists v. SC Board of Dentistry" on Justia Law