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Statutory Interpretation

Cases from Feb. 2012 to May 2012

Bona fide guest
The term “bona fide guest” in S.C. Code Ann. Regs. 7-401.4 shall be interpreted based upon the plain meaning of the Regulation to mean someone who is “either personally accompanied onto the premises by a member or a member has made a prior arrangement with management for him.” No other requirements to be a bona fide guest within the Regulation exist.
SCDOR v. Blue Moon, No. 27106 (S.C. Sup. Ct., Apr. 4, 2012) (Shearouse Adv. Sh. No. 12)

Workers’ compensation
S.C. Statute Section 38-73-910(A) requires publication of an increase in workers’ compensation loss cost rates, regardless of whether there is an overall increase in rates or if only specific rates have increased.
Consumer Advocate v. Department of Insurance, No. 4944 (S.C. Ct. App., Feb. 22, 2012) (Shearouse Adv. Sh. No. 7)

Cases from Jan. 2012 to March 2012

Affidavit of a medical expert
An affidavit of an expert witness must be filed at the same time as a Notice of Intent to File Suit, per S.C. Code Section 15-79-125. If not, the case may be dismissed.
Ranucci v. Cain, No. 4935 (S.C. Ct. App., Jan. 25, 2012) (Shearouse Adv. Sh. No. 3) 

Jury selection
The legislature has set forth no specified number of jurors required to be present and available in the jury pool before jury selection can proceed.
State v. Johnson, No. 4927 (S.C. Ct. App., Jan. 4, 2012) (Shearouse Adv. Sh. No. 1)

Retirement Act
A grievance between an employee and employer over the employer’s retirement system does not require resolution by the administrative process outlined in the Retirement Act, as that act is only meant to apply to grievances between the retirement systems and their respective members.
Grimsley v. SLED, No. 27085 (S.C. Sup. Ct., Jan. 3, 2012) (Shearouse Adv. Sh. No. 1)

Cases from Oct. 2011 to Jan. 2012


Elections 
The General Assembly, through passage of Provisos 79.6 and 79.12 for fiscal year 2011-2012, intended to suspend the temporal limitation in S.C. Code Ann. Section 17-11-20(B)(2) (Supp. 2010) and to authorize the State Election Commission and the County Election Commissions to conduct Presidential Preference Primaries in 2012.
Beaufort Cnty. v. S.C. Election Comm’n, No. 27069 (S.C. Sup. Ct., Nov. 22, 2011) (Shearouse Adv. Sh. No. 42).

Tax deductions 
S.C. Code Ann. Section 12-6-2220 does not discriminate against interstate commerce and thus does not violate the Commerce Clause. Further, Section 12-6-2220(2) dictates that certain expense deductions must be allocated to a company’s principal place of business. 
Emerson Elec. v. S.C. Dep’t of Revenue, No. 27073 (S.C. Sup. Ct., Dec. 12, 2011) (Shearouse Adv. Sh. No. 44).

Zoning ordinance 
The City of Columbia Zoning Ordinance, which limits the number of unrelated persons who may reside together as a single housekeeping unit to three, does not violate the Due Process Clause of the S.C. Constitution as it is rationally related to a legitimate governmental purpose.
McMaster v. Columbia Bd. of Zoning, No. 27075 (S.C. Sup. Ct., Dec. 12, 2011) (Shearouse Adv. Sh. No. 44).