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FREEMANTLE v. PRESTON

Appellate Case No.2010-181306. No. 27138.

398 S.C. 186 (2012)

728 S.E.2d 40

Richard FREEMANTLE, individually and on behalf of himself and all others similarly situated, Appellant, v. Joe PRESTON, in his official capacity and individually, while Administrator of Anderson County; Anderson County, a political subdivision of the State of South Carolina; Anderson County Council, the Legislative and Executive body of Anderson County; Ron Wilson, in his official capacity and individually; Bill McAbee, in his official capacity and individually; Larry Greer, in his official capacity and individually; Michael Thompson in his official capacity and individually; Gracie Floyd, in her official capacity and individually, Respondents.

Supreme Court of South Carolina.

Decided June 27, 2012.

Attorney(s) appearing for the Case

Charles R. Griffin, Jr. , of Anderson, for Appellant.

James W. Logan , of Logan Jolley & Smith, of Anderson, Kevin W. Sturm , of Sturm & Cont, of Spartanburg, Candy M. Kern-Fuller , of Upstate Law Group, of Easley, Andrew F. Lindemann , of Davidson & Lindemann, of Columbia, D. Randle Moody, II , and Joseph O. Smith , both of Roe Cassidy Coates & Price, of Greenville, and Chuck Allen , of Anderson, for Respondents.

Justice KITTREDGE:

This is an appeal from the trial court's dismissal of claims pursuant to Rule 12(b)(6), SCRCP. Appellant Richard Freemantle, a citizen and taxpayer of Anderson County, sought to invalidate a severance agreement between Anderson County and its former county administrator, contending the approval of the severance agreement violated the common law and South Carolina's Freedom of Information Act ("FOIA"). The...

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