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TODD v. SMITH

23452

305 S.C. 227 (1991)

407 S.E.2d 644

Mike TODD, Appellant v. Carey SMITH, individually and in his official capacity as former City Manager of the City of Myrtle Beach, South Carolina, Mack Stone, individually and in his official capacity as former Director of the Myrtle Beach Convention Center, and the City of Myrtle Beach, South Carolina, a municipal corporation, Respondents.

Supreme Court of South Carolina.

Decided August 5, 1991.

Rehearing Denied September 4, 1991.

Attorney(s) appearing for the Case

O. Fayrell Furr, Jr. and W. Lamar Flatt, Myrtle Beach, and Ronald M. Childress, Columbia, for appellant.

Michael W. Battle, Conway, for respondents.

Edmund H. Robinson, of Shimel, Ackerman, Theos, Spar and Robinson, Charleston, for amicus curiae, American Civil Liberties Union of South Carolina.

Heard Nov. 27, 1990.

Decided Aug. 5, 1991.

Rehearing Denied Sept. 4, 1991.

LITTLEJOHN, Acting Associate Justice:

At issue in this appeal is whether the trial judge erred in ruling that the City of Myrtle Beach and/or its agents are not liable for damages alleged to have arisen by reason of their requiring the removal of Plaintiff-Appellant's art work from the convention center operated by the City of Myrtle Beach. The trial judge granted the...

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