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OWENS v. MAGILL

23692

308 S.C. 556 (1992)

419 S.E.2d 786

Don OWENS, individually and as Representative of a Class of Persons Including the Citizens and Taxpayers of Greenville County, Appellants/Respondents v. Arthur MAGILL, Holly Magill and the Arthur and Holly Magill Foundation; Greenville County Museum of Art; William T. Davis Susan S. Douglas, Gail Durham, Michael Mathers, Bernice Barton, Jo Ann Taylor, and Louise McDavid as Commissioners of the Greenville County Museum of Art; Thomas W. Styron as Executive Director of the Greenville County Museum of Art; Greenville County and the Greenville County Council; George Bomar, Richard Ashmore, James Arrowood, Mann Batson, Robert Leach, Paul Wickensimer, Jim Patterson, Dick Herdklotz, Fletcher Smith, Wade Cleveland, E.D. Dixon, and Jim Bennett as Members of the Greenville County Council; Albert I. Edelman as Executor of the Estate of Joseph E. Levine; Rosalie Levine and Richard Levine as Heirs of Joseph E. Levine and Beneficiaries of his Estate; and Seibu, a Japanese conglomerate, Defendants, of whom Arthur Magill, Holly Magill and the Arthur and Holly Magill Foundation and Seibu Pisa, Ltd., a Japanese conglomerate are Respondents/Appellants, and William T. Davis, Susan S. Douglas, Gail Durham, Michael Mathers, Bernice Barton, Jo Ann Taylor, and Louise McDavid as Commissioners of the Greenville County Museum of Art; Thomas W. Styron as Executive Director of the Greenville County Museum of Art; Greenville County and the Greenville County Council; George Bomar, Richard Ashmore, James Arrowood, Mann Batson, Robert Leach, Paul Wickensimer, Jim Patterson, Dick Herdklotz, Fletcher Smith, Wade Cleveland, E.D. Dixon, and Jim Bennett as Members of the Greenville County Council; Albert I. Edelman as Executor of the Estate of Joseph E. Levine; Rosalie Levine and Richard Levine as Heirs of Joseph E. Levine and Beneficiaries of his Estate are Respondents.

Supreme Court of South Carolina.

Decided July 20, 1992.

Rehearing Denied August 31, 1992.

Attorney(s) appearing for the Case

J. Kendall Few, Greenville, for appellants/respondents.

James H. Watson and O. Doyle Martin, both of Leatherwood Walker Todd & Mann, Greenville, for respondent/appellant Seibu Pisa, Ltd.

Richard J. Storrs and Kevin J. Saunders, both of Churchill & Ferguson, Atlanta, Mason A. Goldsmith and Belton O. Thomason, Jr., both of Love, Thornton, Arnold & Thomason, Greenville, for respondents/appellants Arthur Magill, Holly Magill, and the Arthur and Holly Magill Foundation.

David L. Freeman and Carl F. Muller, both of Wyche, Burgess, Freeman & Parham, Greenville, for respondents.

Heard June 5, 1992;

Decided July 20, 1992.

Reh. Den. Aug. 31, 1992.

HARWELL, Chief Justice:

Appellant Don Owens (Owens) brought this action individually and as a class action seeking a declaratory judgment to determine the rights of the citizens and taxpayers of greenville County to twenty-six (26) original Andrew Wyeth paintings formerly on display at the Greenville County Art Museum. The trial judge granted summary judgment in favor of respondents...

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