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.