B. Elements

LibraryElements of Civil Causes of Action (SCBar) (2021 Ed.)

B. Elements

To obtain a writ of mandamus requiring the performance of an act, the applicant must show: (1) a duty to perform the act, (2) the ministerial nature of the act, (3) the applicant's specific legal right for which discharge of the duty is necessary, and (4) a lack of any other legal remedy.68 The burden is on an applicant to show he or she has performed every prerequisite condition necessary to compel action by the respondent through a writ of mandamus.69


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Notes:

[68] Charleston County Sch. Dist. v. Charleston County Election Comm'n, 336 S.C. 174, 519 S.E.2d 567 (S.C. 1999); Anderson County School Dist. v. Anderson County Bd. of Education, 296 S.C. 260, 371 S.E.2d 807 (Ct. App. 1988), cert. dis., 300 S.C. 493, 388 S.E.2d 815 (S.C. 1990). See also Edwards v. State, 383 S.C. 82, 678 S.E.2d 412 (S.C. 2009); Cricket Cove Ventures, LLC v....

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