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EVENING POST v. CITY OF NORTH CHARLESTON

No. 3693.

357 S.C. 59 (2003)

591 S.E.2d 39

EVENING POST PUBLISHING CO., d/b/a The Post and Courier, and Ms. Parthinea Snowden, as Personal Representative of the Estate of Edward Snowden, Deceased, Plaintiffs, Of whom Evening Post Publishing Co., d/b/a The Post and Courier, is, Appellant, v. CITY OF NORTH CHARLESTON, Respondent.

Court of Appeals of South Carolina.

Decided November 17, 2003.

Rehearing Denied January 28, 2004.

Attorney(s) appearing for the Case

John J. Kerr, of Charleston, for Appellant.

Derk B.K. Van Raalte, IV and J. Brady Hair, both of North Charleston; and Richard W. Lingenfelter, of Charleston, for Respondent.

JEFFERSON, Acting J.:

The Post and Courier filed a Freedom of Information Act request seeking access to 911 tapes the City of North Charleston had in its possession regarding the shooting death of Eric Snowden. The City refused the request because the tapes were to be used in an upcoming lynching trial. The Post and Courier filed a declaratory judgment action seeking access to the tapes and the trial court denied access, finding the Act exempted the tapes from premature...

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