Supreme Court of South Carolina
Charleston County School District, Appellant v. Robert W. Harrell
July 25, 2011393 S.C. 552
Summary
The South Carolina Supreme Court reversed the circuit court's grant of a Rule 12(b)(6) motion insofar as it improperly considered facts outside the complaint and held that the Charleston County School District's complaint sufficiently alleged that Act 189 is unconstitutional special legislation, while affirming the dismissal of the Governor as a defendant. Justice TOAL dissented, arguing the complaint fails to state a claim.
Holding
- Whether the circuit court erred by considering matters outside the pleadings in a Rule 12(b)(6) motion to dismiss. The circuit court improperly considered matters outside the pleadings and therefore erred.
- Whether the School District's complaint states a viable claim that Act 189 is unconstitutional special legislation. The complaint sufficiently alleges a prima facie case that Act 189 is unconstitutional special legislation.
- Whether the Governor should be dismissed as a defendant. The Governor was properly dismissed because the complaint failed to show a nexus between the Governor's authority and Act 189.
Docket 27011