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HEATH v. COUNTY OF AIKEN

23251

302 S.C. 178 (1990)

394 S.E.2d 709

Carroll HEATH, in his capacity as Sheriff of Aiken County, Respondent v. The COUNTY OF AIKEN, Aiken County Council, Scott Barnes, in his capacity as County Administrator, and Carroll Warner, Fay Hatcher, Medwell Hill, Lawana McKenzie, Mim Woodring, J. Michael Toole, Marilyn Smith, Ralph Cullinan, in their capacities as members of County Council, Appellants.

Supreme Court of South Carolina.

Decided August 6, 1990.

Attorney(s) appearing for the Case

Robert M. Bell, and Dennis M. Gmerek, Langley, for appellants.

John W. Harte, Aiken, for respondent.

Heard June 5, 1990.

Decided August 6, 1990.

HARWELL, Justice:

This case involves the issue of whether the trial court properly awarded respondent Carroll Heath, Sheriff of Aiken County (Sheriff Heath) attorney's fees under S.C. Code Ann. § 15-77-300 (Supp. 1989). We affirm.

I. FACTUAL BACKGROUND

This case is before the Court after a trial on remand as ordered in our previous opinion...

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