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DOUAN v. CHARLESTON COUNTY COUNCIL

No. 4112.

369 S.C. 271 (2006)

631 S.E.2d 544

W.J. "Joey" DOUAN, Appellant, v. CHARLESTON COUNTY COUNCIL and Charleston County Election Commission, Defendants, Of whom Charleston County Council is the, Respondent.

Court of Appeals of South Carolina.

Decided May 22, 2006.

Rehearing Denied July 5, 2006.

Attorney(s) appearing for the Case

Thomas R. Goldstein, of Charleston, for Appellant.

Joseph Dawson, III, Bernard E. Ferrara, Jr. and Cantrell M. Frayer, all of North Charleston, for Respondent.

KITTREDGE, J.:

W.J. "Joey" Douan appeals from the circuit court's order granting Charleston County Council's (the Council) Rule 12(b)(6), SCRCP, motion to dismiss. The circuit court held Douan cannot recover attorney's fees under section 15-77-300 of the South Carolina Code (Supp.2005) because his action against the Council is moot. We hold the circuit court erred in dismissing Douan...

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