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ALEXANDER v. HOUSTON

No. 27260.

403 S.C. 615 (2013)

744 S.E.2d 517

Don ALEXANDER, Carolyne Williams, Georgia F. Fields, William R. "Bob" Dixon, Colonel Joe H. Zorn, Jr., Melanie Wright, and Dr. M.O. Khan, Appellants, v. Freddie HOUSTON, David Kenner, Keith Sloan, Lowell Jowers, Sr., Joe Smith, Harold Buckmon, and Travis Black, individually and in their capacity as members of Barnwell County Council, Respondents.

Supreme Court of South Carolina.

Decided May 29, 2013.

Attorney(s) appearing for the Case

A. Camden Lewis , Keith M. Babcock , and Arial E. King , all of Lewis Babcock & Griffin, LLP, of Columbia, for Appellants.

Elmer Kulmala , of Harvey & Kulmala, and James D. Mosteller, III , of The Mosteller Law Firm, LLC, both of Barnwell, for Respondents.

Justice KITTREDGE.

This is a direct appeal from the circuit court's order dismissing a declaratory judgment action pursuant to a Rule 12(b)(6), SCRCP, motion. We reverse and remand.

I.

In 1988, the Barnwell County Council (the Council or Respondents) passed an ordinance creating the Board of Trustees (the Board) for the Barnwell County Hospital (the Hospital). The ordinance stated the Board was created "for the purposes of operating and maintaining...

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