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MOORE v. WILSON

22903

296 S.C. 321 (1988)

372 S.E.2d 357

Thomas L. MOORE, as a member of the Edgefield County Legislative Delegation, and John W. Pettigrew, Jr., as a citizen, elector and taxpayer of Edgefield County and as a member of the Edgefield County Legislative Delegation, Respondents v. Addison G. WILSON, as Chairman of the Joint Legislative Delegation of Highway District No. Eleven; Jarvis R. Klapman, as Secretary of the Joint Legislative Delegation of Highway District No. Eleven, Ryan C. Shealy, Nikki G. Setzler, John H. Burris, Paul W. Derrick, John G. Felder, Larry L. Koon, Charles R. Sharpe and C. Lenoir Sturkie as Lexington County members of the Joint Legislative Delegation of Highway District No. Eleven; John Drummond and Jennings G. McAbee as McCormick County members of the Joint Legislative Delegation of Highway District No. Eleven; Thomas H. Pope, III and Larry E. Gentry as Saluda County members of the Joint Legislative Delegation of Highway District No. Eleven; John T. Campbell as Secretary of State of South Carolina; and Clark DuBose as State Highway and Public Transportation Commissioner, District No. Eleven, Defendants, Of whom Addison G. Wilson, Ryan C. Shealy, Larry L. Koon, and Clark DuBose are Appellants. Appeal of Addison G. WILSON, Ryan C. Shealy, Larry L. Koon and Clark DuBose.

Supreme Court of South Carolina.

Decided August 29, 1988.

Attorney(s) appearing for the Case

Richard J. Breibart of Coleman, Sawyer, Breibart & McCauley, Lexington, for appellant Clark DuBose.

S. Jahue Moore of Kirkland, Taylor, Wilson, Moore, Allen & Deneen, P.A., West Columbia, for appellant Addison G. Wilson.

William L. Todd of S.C. Dept. of Highways and Public Transp., Columbia, for appellants Ryan C. Shealy and Larry L. Koon.

Cameron M. Currie, Columbia, for respondents.

Heard August 17, 1988.

Decided August 29, 1988.

Per Curiam:

This case arises out of the election of appellant Clark DuBose as highway commissioner for Highway District Eleven. The circuit court found DuBose was not validly elected, enjoined him from performing any acts as highway commissioner and ordered the joint legislative delegation to hold a meeting to elect a new commissioner. We affirm.

The District Eleven joint delegation is...

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