Quantcast
Home / Opinion Digests / Constitutional (page 11)

Constitutional

Constitutional – Due Process – Administrative – Licenses & Permits – Contractor’s License – Tort/Negligence – Defamation – Tortious Interference with Contractual Relations (access required)

Squirewell v. South Carolina Department of Labor, Licensing & Regulation Although plaintiff asserts that he was denied procedural due process, he did not take advantage of existing procedures; that is, after his contractor’s license was revoked, plaintiff did not appeal to the Administrative Law Court. Plaintiff’s failure to use available post-deprivation procedures defeats his procedural due process claim. Summary judgment for defendants.

Read More »

Constitutional – Fourth Amendment – Excessive Force – Arrest – Serious Injuries – Bystander Liability (access required)

Norman v. Frederick The facts show that defendant Hamlett did not strike plaintiff during his arrest, so Hamlett is entitled to summary judgment on plaintiff’s excessive force claim; however, Hamlett may be liable on plaintiff’s bystander claim. Defendants’ motion for summary judgment is granted in part and denied in part.

Read More »

Constitutional – Veto Override – Two-Thirds Vote – Schools & School Boards — Local Law (access required)

Board of Trustees v. State In order to override the governor’s veto, not only must there be a quorum present in each house of the General Assembly, but there must also be a vote by two-thirds of the members present to override the veto. Since 120 representatives were present in the House of Representatives, a vote of 33 to 10 was insufficient to override the governor’s veto of Act 308 of the S.C. Acts of 2010. Since there was a quorum present in the Senate, a vote of 1 to 0 was insufficient to override the veto. In our original jurisdiction, we enter judgment for the plaintiff-board of trustees.

Read More »

Constitutional – Jury Trial – Waiver – Real Property – Foreclosure — Mortgages — Promissory Note – Counterclaims – Tort/Negligence (access required)

Wachovia Bank, N.A. v. Blackburn Although the prominent jury trial waiver in defendants’ promissory notes is valid and binding, it does not apply to defendants’ counterclaims, which are based on their allegations that the bank partnered with a developer and made misrepresentations about the properties being sold and the construction of amenities. We affirm the trial court’s ruling that defendants waived their right to a jury trial in matters related to the promissory notes and other loan documents. We reverse the trial court’s ruling that defendants’ counterclaims are encompassed by the waiver.

Read More »

Constitutional – Special Law – Schools & School Boards – Charleston – Charter Schools (access required)

Charleston County School District v. Harrell The plaintiff-school district has stated a claim that Act No. 189 of 2005 is an unconstitutional special act, in that it requires the plaintiff-school district to provide certain services to its charter schools, despite the fact that the Charter Schools Act places no such obligation on other school districts. The circuit court correctly dismissed the governor from the suit; otherwise, we reverse.

Read More »

Constitutional – Separation of Powers – Executive & Legislative – ‘Extra’ Session – Sine Die Order (access required)

McConnell v. Haley Even though the governor has unassailable discretion to call an "extra" session of the General Assembly, the General Assembly is only in recess, has not adjourned sine die, and is therefore still in its annual session. Under these facts, to allow the governor to convene an "extra" session of the General Assembly would violate the General Assembly's authority to set its own calendar and agenda and would constitute a violation of the separation of powers provision, S.C. Const. art. III, § 9.

Read More »