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EVENING POST v. BERKELEY SCHOOL DIST.

No. 26949.

392 S.C. 76 (2011)

708 S.E.2d 745

EVENING POST PUBLISHING COMPANY, d/b/a The Post and Courier, Appellant, v. BERKELEY COUNTY SCHOOL DISTRICT, Respondent.

Supreme Court of South Carolina.

Decided March 21, 2011.

Attorney(s) appearing for the Case

John J. Kerr and Charles J. Baker , Buist, Moore, Smythe & McGee, both of Charleston, for Appellant.

Kenneth L. Childs , Kathryn Long Mahoney , and John M. Reagle , Childs & Halligan, P.A., all of Columbia, for Respondent.

Jay Bender , Baker, Ravenel & Bender, of Columbia for Amicus Curiae Osteen Publishing, New York Times, Landmark, et al.

Justice HEARN:

The issue before the Court is whether the circuit court erred in granting summary judgment to Berkeley County School District (School District) based on the attorney-client privilege exception to the Freedom of Information Act (FOIA) and in denying Evening Post Publishing Company's (Evening Post) motion to compel the production of documents. We find the circuit court erred in both respects and reverse.

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