Manage your Post and Courier subscription online. Click here!
  HOME | NEWS |BUSINESS | SPORTS | ENTERTAINMENT SHOP LOCAL | FEATURES JOBS | CARS | REAL ESTATE
 
Local News
Tuesday, May 16, 2006 - Last Updated: 9:24 AM 

High court tosses out Hunley suit

BY SCHUYLER KROPF
The Post and Courier

Email This Article?
Printer-Friendly Format?
Reprints & Permissions? (coming soon)

The S.C. Supreme Court on Monday abruptly ended a citizen watchdog's lawsuit over access to Friends of the Hunley documents, saying that since the records already had been released, a court fight isn't necessary.

"If there is no actual controversy, this court will not decide moot or academic questions," Chief Justice Jean Toal wrote in a unanimous opinion.

The ruling is a setback for Greenville businessman Edward Sloan, who has made a habit of suing state and local governments under the state's open records law.

But Sloan did score a victory for any resident wishing to use the state's Freedom of Information Act to get access to government records. Information-seekers don't have to have a "personal stake in the outcome" to bring a FOIA lawsuit, the court said.

Friends of the Hunley is the caretaker group in charge of conserving the rebel submarine that was recovered off Charleston in August 2000.

In 2001, Sloan requested financial and other documents from Friends of the Hunley, alleging that the group had received more than $13 million in public money.

At the time, the group claimed it was a charitable organization and not subject to the Freedom of Information Act. Sloan sued. Two weeks later, the group turned over the documents.

Sloan continued to press his lawsuit, which lower courts similarly called moot because the records he sought were released.

On Monday, the high court said there was no longer a legal issue to settle.

"A moot case exists where a judgment rendered by this court will have no practical legal effect upon an existing controversy because an intervening event renders any grant of effectual relief impossible for the reviewing court," the justices said.

Jim Carpenter, attorney for Sloan, said his client won a partial victory in that he ultimately forced Friends of the Hunley to acknowledge its public status.

But Carpenter expressed disappointment the court did not rule on his claim that Friends of the Hunley is no more than the " alter ego" of the Hunley Commission, the state agency charged with caring for the sub.

Such a declaration, he said, would require the Friends of the Hunley to conform to state procurement and low-bid procedures, among other things, as it guides the sub's restoration.

Carpenter said such corporations are set up as a way for public officials to avoid scrutiny.

"Many South Carolina government entities have established corporations to do their work, without the restrictions and oversight applied to governments," Carpenter said "This issue cries for a ruling from our Supreme Court."

Friends of the Hunley attorney Biff Sowell said the ruling was the correct one, and the group will continue to provide public information as long as the project receives public money.

Contact Schuyler Kropf at 937-5551, or skropf@postandcourier.com.