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BERKELEY COUNTY SCH. v. DEPT. OF REV.

No. 26682.

383 S.C. 334 (2009)

679 S.E.2d 913

BERKELEY COUNTY SCHOOL DISTRICT, Lexington County School District No. 1, Lexington County School District No. 4, Orangeburg County Consolidated School District Five, School District No. 1 of Spartanburg County, and School District No. 5 of Spartanburg County, Plaintiffs, v. SOUTH CAROLINA DEPARTMENT OF REVENUE, Defendant.

Supreme Court of South Carolina.

Filed July 6, 2009.

Rehearing Denied August 6, 2009.

Attorney(s) appearing for the Case

Steve A. Matthews, Theodore B. DuBose and R. David Proffitt, all of Columbia, for Plaintiffs Berkeley County School District, Lexington County School District No. 1, and Lexington County School District No. 4.

Daniel R. McLeod, Jr., Francenia B. Heizer and Eve Ross, all of Columbia, for Plaintiffs Orangeburg County Consolidated School District Five, School District No. 1 of Spartanburg County, and School District No. 5 of Spartanburg County.

William F. Halligan and Keith R. Powell, of Columbia, for Plaintiffs Berkeley County School District, Lexington County School District No. 1, Lexington County School District No. 4, Orangeburg County Consolidated School District Five, School District No. 1 of Spartanburg County, and School District No. 5 of Spartanburg County.

Milton G. Kimpson, Ronald W. Urban, Ray N. Stevens, Harry T. Cooper, Jr. and Nicholas P. Sipe, all of Columbia, for Defendant.

Justice BEATTY:

The Plaintiffs, the above-listed school districts, filed this action for a declaratory judgment and injunctive relief in this Court's original jurisdiction pursuant to S.C. Const. art. V, § 5, S.C.Code Ann. § 14-3-310 (1976), and Rule 245 (formerly Rule 229), SCACR. The Court granted the Plaintiffs' petition and now reviews the South Carolina Department of Revenue's (the Department's) decision denying the Plaintiffs reimbursement from the...

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