Archive for the ‘Advocate’s Journal’ Category

Advocate's Journal

It’s Redistricting Time!

  After the decennial census, the South Carolina legislature is not the only governing body that is tasked with redrawing districts. Every South Carolina county is also tasked with the responsibility to redraw districts to reflect the population shifts from the 2020 census.[1] As counties across South Carolina undergo the redistricting process, the criteria used […]

Advocate's Journal

S.C. Supreme Court Invalidates Local Fees, Forcing Hard Look at Ordinances

In Burns v. Greenville County Council, Op. No. 28041 (S.C. Sup. Ct. filed June 30, 2021), the S.C. Supreme Court concluded that two fees imposed by Greenville County were unlawful taxes rather than user fees and, therefore, violate section 6-1-310 of the South Carolina Code.  The Court declared the two fees invalid.  One of the […]

Advocate's Journal, Featured, COVID-19 Resources & Updates

Commercial Bankruptcies are Increasing Around the Country

What does that mean for property owners and businesses in South Carolina? According to the American Bankruptcy Institute, filings under Chapter 11 of the Bankruptcy Code are up twenty-six percent (26%) in the first six months of 2020 compared to the same six months in 2019. Venerable brands such as Brooks Brothers, J.C. Penney, J. […]

Advocate's Journal, Featured

State v. Spears supreme court opinion and the “reasonable person” standard

What does it mean to be a reasonable person? During law school, students are inundated with “what would the reasonable person do?” prompts. But who is the reasonable person? Better yet, what life experiences culminate to affect the decisions of a reasonable person? Should race, ethnicity, class, or education play a role in how we […]

Advocate's Journal, Firm News

Personal Identifying Information is Exempt from FOIA

The South Carolina Court of Appeals reversed a trial court decision that ordered the City of Columbia to disclose the home addresses, personal telephone numbers, and personal email addresses for applicants who applied for the position of city manager. Plaintiff sent the City a Freedom of Information Act request for all materials relating to the […]

Advocate's Journal

SC Department of Revenue’s 2019 Legislative Update

This week, the South Carolina Department of Revenue (the “DOR”) released it’s 2019 Legislative Update.  Among summaries of tax related bills that were passed this year, particularly interesting to real estate practitioners, is a note regarding Act No. 13 (“the Act”). The Act provides for a new statewide database for filling all state tax liens.  […]

Advocate's Journal

Exemptions to Disclosure Under the South Carolina Freedom of Information Act

As explained in this blog post, the South Carolina Freedom of Information Act (“FOIA”) provides a statutory framework through which the public can request public records.  FOIA also contains a number of exemptions, however, that would permit (but not require) a public body to not disclose the requested information.  This “permit but not require” feature […]

Advocate's Journal

Obtaining Records Under the South Carolina Freedom of Information Act

The South Carolina Freedom of Information Act (“FOIA”), at S.C. Code Ann. § 30-4-10, et seq., provides a means by which members of the public can “peer behind the curtain” to better understand the activities of public bodies.  One of the key features of FOIA is the provision enabling the public to obtain or inspect […]

Firm News, Advocate's Journal

SC Supreme Court Rules Insurer May Assert Malpractice Claim Against Attorney Hired to Defend Insured

In Sentry Select Ins. Co. v. Maybank Law Firm, LLC, and Roy P. Maybank, 2018 WL 2423694 (2018) (Op. No. 27806), decided May 30, 2018, the South Carolina Supreme Court held that an insurer may maintain a direct legal malpractice action against counsel hired to represent its insured where the insurance company has a duty to […]

Advocate's Journal

ALC Case Could Impact Telecom Tax Liability and County Revenues

The S.C. Administrative Law Court is considering a case that could have implications for the tax revenues of S.C. counties and the tax liability of rural telephone service providers.  S.C. law grants special tax treatment for property used in providing rural telephone service.  Specifically, S.C. Code Ann. § 12-37-220(B)(10) provides that such property that was […]