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DEPT. OF MENTAL HEALTH v. MCMASTER

No. 26269.

372 S.C. 175 (2007)

642 S.E.2d 552

SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH, Plaintiff/Petitioner, v. Henry Dargan McMASTER, Attorney General of South Carolina, and The State Budget and Control Board, Defendants/Respondents.

Supreme Court of South Carolina.

Decided February 20, 2007.

Attorney(s) appearing for the Case

Mark W. Binkley, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert D. Cook, Senior Assistant Attorney General Havird Jones, Jr., all of Columbia, for Respondent Henry Dargan McMaster, and Edwin E. Evans, Esquire, David K. Avant, and M. Richbourg Roberson, all of Columbia, for Respondent State Budget and Control Board.

Robert W. Hayes, Jr., of Columbia, for Amicus Curiae, National Alliance on Mental Illness.

PER CURIAM.

We accepted this matter in our original jurisdiction to issue a declaratory judgment as to whether or not certain property owned by the Department of Mental Health (DMH), referred to as the "Bull Street Property," is held in a charitable trust and, if so, whether and under what conditions it may be sold. We hold the property is subject to a charitable trust but may be sold in accordance with our discussion below...

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