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News Clips

October 27, 2002-The State

HUNLEY PRICE TAG RISING FOR S.C. TAXPAYERS
by John Monk

Taxpayers have spent some $8 million to raise and preserve the Hunley, the Confederate submarine recovered off Charleston in 2000. Now, the sub's supporters seek to build a $40 million Hunley museum. Initial proposals from three S.C. cities to build that musuem include up to $8 million from S.C. taxpayers and $10 million from the federal government.[...]

In recent months, the Hunley story has moved into a Richland County courtroom. There, before state Judge G. Thomas Cooper, lawyers for the Friends of the Hunley are fighting a lawsuit that seeks to have that group declared a public entity. It will be up to Cooper to decide whether the Friends of the Hunley is public or not - and therefore subject to the State Freedom of Information Act. Lawyers for the Friends say the plaintiff in the case, Edward Sloan of Greenville, already has been given the documents he sought.

But Sloan's lawyer, Jim Carpenter, told the judge in a pre-trial hearing several weeks ago that the Friends - which has received $8 million in public money - gave up the documents only after a lawsuit was filed. Carpenter says he hopes no one else ever has to file suit against the Friends to find out how public money is being spent.

"We don't want anyone to have to go through what we went through," the lawyer said.

April 25, 2002-Charleston Post and Courier

JUDGE RULES FOIA APPLIES TO FRIENDS OF THE HUNLEY
by Schuyler Kropf

A judge has ruled the South Carolina Freedom of Information Act applies to Friends of the Hunley, the nonprofit group set up to raise money for the Confederate submarine. Circuit Judge Ernest Kinard, Jr., of Camden said Friends of the Hunley is a public body because it falls within the recognized status of receiving and spending public dollars, so its documents are subject to public review. [...] The order stems from a complaint filed last year by retired construction contractor Edward Sloan Jr., who has a history of filing open records lawsuits against governments. [...]

Though Sloan was the apparent victor, he was also not fully satisfied. He wants Kinard to determine that friends of the Hunley is the alter-ego of the Hunley Commission. His attorney, Jim Carpenter, said it is an important distinction because it would mean Friends of the Hunley then would have to report financial aspects to the General Assembly and also follow the state's procurement codes.


September 5, 2000 - The State
IF PROSECUTORS WON'T ENFORCE THE LAW, CITIZENS CAN

Editorial page

The state Court of Appeals made an important but little-noticed ruling last month that could go a long way toward restoring the public's confidence and trust in government.

The court said a Greenville County taxpayer had the right to bring a lawsuit alleging that the county school district violated state law by awarding contracts for construction of three middle schools without competitive sealed bidding. [. . .] Until the Sloan ruling, courts were able to avoid that problem in lawsuits brought by individuals against the government, by simply tossing them out. Now they have the more difficult task of making the right call on such lawsuits. But the overall good to the body politic should outweigh the added burden.

August 22, 2000 - Greenville News

COURT OKS TAXPAYER'S SCHOOL SUIT

By James T. Hammond

The state Court of Appeals on Monday broadened a taxpayer's right to sue the government by ruling a Greenville man has the right to question the county school board's method of granting construction contracts. [. . .] Monday's ruling came in a lawsuit filed Aug. 4, 1998 by Sloan contesting the method of authorizing contracts for construction of Greer, Mauldin and Riverside Middle Schools, said Jennifer Miller, Sloan's attorney. [. . .] Sloan has been a frequent challenger to local governments over their methods of choosing contractors for construction projects.

Miller said four such cases filed by Sloan against Greenville County Council are scheduled for trial in November. The Court of Appeals ruling in the school board case will strengthen his standing in those cases, Miller said. [. . .] In short, the court said Sloan had a right to sue because the issue was "of immense public importance."

Tuesday, July 21, 1998 - The Greenville News

RETIRED CONTRACTOR WINS $4,700 IN LEGAL FEES FROM COUNTY

By Andra Weigl

STAFF WRITER

A judge ruled Monday that Greenville County has to pay more than $4,700 toward legal bills for retired contractor Edward Sloan, who won a legal battle against the county over its $216,000 special projects fund.

Circuit Judge Thomas J. Ervin ordered the county to pay $4,793 for Sloans legal bills. Under state law, individuals can recoup legal fees when they win a suit against a state agency that wasnt justified in pursuing its claim.

In 1996, Sloan sued the county to try to shut down its special projects fund, which gives each council member $18,000 to spend in his district. The fund has been called a slush fund by its critics. In February, Ervin said the fund can continue but ruled the county couldnt give $1,900 to a private charity.

The council's guidelines restrict expenditures from the fund to infrastructure needs, such as repairs to public buildings.

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