Evening Post Publishing Co. v. Berkeley County School District, 392 S.C. 76

708 S.E.2d 745 (2011) · Supreme Court of South Carolina · March 21, 2011 · No. No. 26949

Summary

The Supreme Court of South Carolina held that the circuit court improperly granted summary judgment to Berkeley County School District under the attorney-client privilege exception to the South Carolina Freedom of Information Act. The court concluded that further factual development and review of the requested completed questionnaires were necessary to determine whether the exemption applied. It also held that the circuit court erred in denying Evening Post's motion to compel production of the blank questionnaire, and remanded for further proceedings.

Holdings

  1. The circuit court erred in granting summary judgment to Berkeley County School District because the record was insufficiently developed to determine whether the requested evaluation materials were exempt from FOIA under the attorney-client privilege exception.
  2. The circuit court erred in denying Evening Post's motion to compel production of the blank questionnaire because the questionnaire was distinct from the completed questionnaires sought in the FOIA action and the record did not establish that the attorney-client privilege applied to it.

Questions Presented

  1. Whether the circuit court erred in granting summary judgment to Berkeley County School District on Evening Post's FOIA claim based on the attorney-client privilege exemption.
  2. Whether the circuit court erred in denying Evening Post's motion to compel production of the blank questionnaire.

Disposition

reversed_and_remanded

Cases Cited (13)

  • Lanham v. Blue Cross & Blue Shield of S.C., Inc., 349 S.C. 356, 563 S.E.2d 331 (2002)(followed)
  • Hancock v. Mid-South Mgmt. Co., Inc., 381 S.C. 326, 673 S.E.2d 801 (2009)(followed)
  • David v. McLeod Reg'l Med. Ctr., 367 S.C. 242, 626 S.E.2d 1 (2006)(followed)
  • Dawkins v. Fields, 354 S.C. 58, 580 S.E.2d 433 (2003)(followed)
  • Quality Towing, Inc. v. City of Myrtle Beach, 345 S.C. 156, 547 S.E.2d 862 (2001)(followed)
  • City of Columbia v. ACLU, 323 S.C. 384, 475 S.E.2d 747 (1996)(distinguished)
  • Beattie v. Aiken County Dep't of Social Servs., 319 S.C. 449, 462 S.E.2d 276 (1995)(followed)
  • Newberry Publ'g Co., Inc. v. Newberry County Comm'n on Alcohol & Drug Abuse, 308 S.C. 352, 417 S.E.2d 870 (1992)(followed)
  • Fowler v. Beasley, 322 S.C. 463, 472 S.E.2d 630 (1996)(followed)
  • Evening Post Publ'g Co. v. City of North Charleston, 363 S.C. 452, 611 S.E.2d 496 (2005)(followed)

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