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McCURLEY v. SOUTH CAROLINA HIGHWAY DEPT.

19250

256 S.C. 332 (1971)

182 S.E.2d 299

Etrulia McCURLEY, Respondent, v. The SOUTH CAROLINA STATE HIGHWAY DEPARTMENT and the City of Anderson, Appellants.

Supreme Court of South Carolina.

July 6, 1971.

Attorney(s) appearing for the Case

Robert L. Waldrep, Jr., Esq., of Anderson, for Appellant.

Messrs. Anderson, Kenyon & Epps, of Anderson, for Respondent.

July 6, 1971.

LEWIS, Justice.

This action was brought against the City of Anderson and The South Carolina Highway Department to recover damages to plaintiff's real property, upon the theory that the damages amounted to a taking of private property without just compensation, within the meaning of Article 1, Section 17, of the South Carolina Constitution. Upon the trial of the case and the conclusion of the testimony...

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