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S.C. HIGHWAY DEPT. v. KEMMERLIN

20126

265 S.C. 569 (1975)

220 S.E.2d 652

SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Respondent, v. Ruby Dewitt KEMMERLIN, Appellant.

Supreme Court of South Carolina.

December 9, 1975.

Attorney(s) appearing for the Case

Messrs. Jackson & Bell, of Florence, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen., Victor S. Evans, Dep. Atty. Gen., and Wade S. Kolb, Jr., Asst. Atty. Gen., of Columbia, and Willcox, Hardee, Palmer, O'Farrell, McLeod & Buyck, of Florence, for Respondent.

December 9, 1975.

LEWIS, Chief Justice:

The question to be decided is whether appellant, a landowner, whose property was condemned by respondent, South Carolina State Highway Department, for highway purposes, timely filed notice of appeal from the award of the Board of Condemnation in accordance with Code Section 33-139, which provides:

"Any person interested, including the Department, may appeal to the court of common pleas from a decision of the...

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