Opinions from the South Carolina Court of Appeals

Court of AppealsToday, the South Carolina Court of Appeals published two opinions: Atkins v. Wilson and Gatewood v. SCDC.

In Atkins v. Wilson , Appellants Vivian Atkins, Robert Frick, and Kay Hollis, members of Chapin Town Council appeal the circuit court’s order granting Respondents’ motion and invalidating actions taken by Appellants at two special Council meetings. Respondents are Mayor James Wilson jr and Gregg White, another Council member.

Appellants initially challenged the court’s order denying their motion for a preliminary injunction and dismissing their compliant pursuant to SCRCP 12(b)(6). At oral arguments, Appellants waived their assignments of error as to the particular order. Accordingly, the Court affirmed the circuit court’s order as to denying Appellants motion.

The Court reversed the court’s order granting Respondents’ motion invalidating Appellants actions finding that the Appellants acted within their authority under section 5-7-250(a) and section 2.202(3) of the Chapin Town Code. The circuit court’s invalidation of Council’s actions at these two meetings on the ground that the agendas were not approved by the Mayor was based on an error of law and, thus, constituted an abuse of discretion.

In Gatewood v. SCDC, Appellant Inmate, participant in the South Carolina Department of Corrections (SCDC) Prison Industries service project, challenged an order of the Administrative Law Court (“ALC”) upholding SCDC’s denial of Inmate’s wage-related grievance.

Inmate argues the ALC erred in applying section 24-1-295 of the South Carolina Code  to determine the deductions from his gross wages rather than section 24-3-40 of the South Carolina Code.

The Court reversed the ALC’s conclusion that section 24-1-295 applied to Inmate’s gross wages earned prior to August 1, 2007. The Court remanded the issue of Inmate’s entitlement to costs, attorney’s fees, pre-judgment and post-judgment interest to the ALC for reconsideration. The Court affirmed all other issues relating to this appeal. 

 

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