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CITY OF CHARLESTON v. MASI

No. 25941.

362 S.C. 505 (2005)

609 S.E.2d 301

CITY OF CHARLESTON, a Municipal Corporation, Robert B. Kizer, and Laura Cabiness, Appellants/Respondents, v. Thomas J. MASI, Margaret B. Schwochow, John L. Chisolm, Carolyn L. Collins, and June D. Smith, in their capacities as The Charleston County Election Commission, Gertrude D. Brown, Flora P. Condon, Louise M. Hill, Alice K. Mitchell, and Beverly A. Whitney, in their capacities as The Board of Elections and Voter Registration of Charleston County, Respondents, and The James Island Public Service District, Respondent/Appellant.

Supreme Court of South Carolina.

Decided February 14, 2005.

Attorney(s) appearing for the Case

Susan Jeanne Herdina, of Charleston; Timothy A. Domin, of Clawson & Staubes, L.L.C., of Charleston; William B. Regan and Frances I. Cantwell, of Regan and Cantwell, L.L.C., of Charleston, for appellants/respondents.

Samuel W. Howell, IV, of Howell & Linkous, L.L.C., of Charleston, for respondents.

Trent M. Kernodle, David A. Root, Christine C. Varnado, and Robert B. Varnado, of Kernodle, Taylor & Root, of Charleston, for respondent/appellant.

PER CURIAM:

We dismiss this action as moot and find the trial court did not err by failing to award attorney's fees to the James Island Public Service District (District).

FACTS

In June 2002, the Town of James Island (Town) was formed. Thereafter, an action was commenced by the City of Charleston (City), a resident and elector of the City who lives on James Island (Kizer), and a taxpayer and elector of the Town (Cabiness) (jointly referred to as...

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