Weston v. Carolina Research & Development Foundation

Harwell, Acting Chief Justice:

This case involves the applicability of the South Carolina Freedom of Information Act (FOIA) to the Carolina Research and Development Foundation (Foundation). The dis-positive issue in this case is whether the activities of the Foundation bring it within the definition of a “public body” contained in the FOIA.

I. FACTS

The Foundation is a South Carolina eleemosynary corporation incorporated under the non-profit corporation provisions of S.C. Code Ann. § 33-31-10 to § 33-31-450 (1990). The Foundation operates exclusively for the benefit of the University of South…