STARDANCER CASINO, INC. v. STEWART

No. 25335.

347 S.C. 377 (2001)

556 S.E.2d 357

STARDANCER CASINO, INC., Respondent, v. Robert M. STEWART, Sr., in his official capacity as Chief of the State Law Enforcement Division, Charles M. Condon, in his official capacity as Attorney General for the State of South Carolina, David P. Schwacke, in his official capacity as Solicitor for the Ninth Judicial Circuit, J. Al Cannon, Jr., in his official capacity as Sheriff for Charleston County, Gregory Hembree, in his official capacity as Solicitor for the Fifteenth Judicial Circuit, and Paul S. Goward, in his official capacity as Chief of the Horry County Police Department, Defendants, of whom Robert M. Stewart, Sr., in his official capacity as Chief of the State Law Enforcement Division, Charles M. Condon, in his official capacity as Attorney General for the State of South Carolina, Gregory Hembree, in his official capacity as Solicitor for the Fifteenth Judicial Circuit, and Paul S. Goward, in his official capacity as Chief of the Horry County Police Department are Appellants.

Supreme Court of South Carolina.

Refiled November 9, 2001.


Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Assistant Deputy Attorney General, Robert D. Cook, Senior Assistant Attorney General, Nathan Kaminski, Jr., Assistant Attorney General, Christie Newman Barrett, of Columbia, for appellants Robert M. Stewart, Charles M. Condon, and Gregory Hembree; and Sheryl S. Schelin and Janet Carter, of Conway, for appellant Paul S. Goward.

Saunders M. Bridges, Jr., of Florence, for respondent.


Justice PLEICONES.

This is an appeal from a circuit court order declaring that respondent's operation of a gambling "day cruise to nowhere" (day cruise) is not in violation of any of nine existing state criminal statutes.1 We affirm.

Facts

Respondent brought this declaratory judgment action to determine whether any of its activities are unlawful, and to obtain a permanent injunction against appellants (the State...

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