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ALLENDALE COUNTY v. TWO CHESS CHALLENGE II

No. 25900.

361 S.C. 581 (2004)

606 S.E.2d 471

ALLENDALE COUNTY SHERIFF'S OFFICE, Appellant, and South Carolina Law Enforcement Division, Intervenor, v. TWO CHESS CHALLENGE II, games of skill, Respondent.

Supreme Court of South Carolina.

Decided November 22, 2004.

Attorney(s) appearing for the Case

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert D. Cook, and Senior Assistant Attorney General C. Havird Jones, Jr., all of Columbia, for Appellant and Intervenor.

Richard Mark Gergel and W. Allen Nickles, III, both of Gergel, Nickles & Solomon, of Columbia, for Intervenor.

A. Camden Lewis and Ariail E. King, both of Lewis Babcock & Hawkins, of Columbia; H. Woodrow Gooding, of Gooding & Gooding, of Allendale; and Jonathan Scott Altman, of Derfner, Altman & Wilborn, of Charleston, for Respondents.

Chief Justice TOAL:

The magistrate court ruled, and the circuit court affirmed, that the two Chess Challenge II machines examined, and all machines operating in a similar manner, are games of skill that are lawful to possess. After certifying this appeal for review pursuant to Rule 204(b), SCACR, we reverse in part and affirm in part.

FACTUAL/PROCEDURAL BACKGROUND

On September 23, 2003, the Allendale County Sheriff's Office (Sheriff's Office) received...

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