Douan v. Charleston County Council

KITTREDGE, J.:

W.J. “Joey” Douan appeals from the circuit court’s order granting Charleston County Council’s (the Council) Rule 12(b)(6), SCRCP, motion to dismiss. The circuit court held Douan cannot recover attorney’s fees under section 15-77-300 of. the South Carolina Code (Supp.2005) because his action against the Council is moot. We hold the circuit court erred in dismissing Douan’s attorney’s fee claim based on the doctrine of mootness. We reverse and remand.

I

“A ruling on a 12(b)(6) motion to. dismiss must be based solely upon the allegations set forth on the face of the complaint and the…