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Supreme Court Seal
South Carolina
Judicial Department
Supreme Court Published Opinions - April 2012

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

4-4-2012 - Opinions

27106 - SCDOR v. Blue Moon

The Court held that Section 7-401.4 of the South Carolina Code of Regulations does not require a guest of a member belonging to a non-profit organization selling alcohol to have any degree of a pre-existing relationship with that member in order to be considered bona fide and permitted to consume alcohol on the organization’s premises. Instead, applying the plain language of the regulation, a guest need only be accompanied onto the premises by the member or have the member make prior arrangements with management for him.

27107 - 16 Jade Street v. R. Design Construction

The Court held that Section 33-44-303 of the South Carolina Code does not insulate a member of an LLC from personal liability for torts he commits in furtherance of the LLC’s business.

27108 - State v. Green

We affirm Appellant's convictions for criminal solicitation of a minor and attempted criminal sexual conduct with a minor in the second-degree.

27109 - Bayly v. State

We reverse the PCR judge's order vacating Respondent's conviction for simple possession of marijuana.

27110 - State v. Whitesides

The Court determined that, in order for a defendant to be convicted of possession of a firearm during the commission of a violent crime under S.C. Code § 16-23-490(A), a nexus between possession of the firearm and the underlying violent crime must be established.

27111 - Young v. Charleston County School District

The South Carolina Supreme Court reversed and remanded the decision of the Charleston County School Board to not renew Appellant's teaching contract on the ground that Appellant was denied her procedural due process rights under the state constitution and TEDA. The Court did not reach the issue of whether the Board had the authority to delegate the hearing function to a three member panel, but held that, at a minimum, a quorum of the Board must demonstrate that they engaged in a meaningful review of the employee's hearing. The record did not support that such a review took place and therefore, the Court reversed and remanded for the proper proceedings.

4-11-2012 - Opinions

27112 - Fairchild v. SCDOT

This case evaluates when a claim for punitive damages must be submitted to a jury in a case involving the violation of a statute, as well as what constitutes a "reasonable objection" to the appointment of a physician to perform a medical examination under Rule 35, SCRCP.

27113 - City of North Myrtle Beach v. East Cherry Grove Realty

Because sufficient ambiguity existed in the underlying documents to warrant submission of factual questions to the jury, the Court affirms a jury verdict finding that certain canal bottoms in North Myrtle Beach were deeded to the State of South Carolina.

27114 - Bell v. SCDC

We affirm in part, reverse in part, and remand the ALC's decision regarding a Reduction-in-Force implemented by the South Carolina Department of Corrections with respect to PUSD educators.

27115 - Hook Point v. Branch Banking

The Court reversed a preliminary injunction against payment of a letter of credit, finding that the required showing of egregious fraud had not been made.

4-25-2012 - Opinions

27116 - In the Matter of Kenneth Gary Cooper

In this attorney disciplinary matter, the Court imposes a six-month suspension from the practice of law with conditions.

27117 - In the Matter of Michael E. Atwater

The Court imposed a six-month suspension in this attorney discipline case.