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BERRY'S ON MAIN, INC. v. CITY OF COLUMBIA

21557

277 S.C. 14 (1981)

281 S.E.2d 796

BERRY'S ON MAIN, INC., Appellant, v. CITY OF COLUMBIA, Respondent.

Supreme Court of South Carolina.

September 1, 1981.

Attorney(s) appearing for the Case

Thomas E. McCutchen and Herbert W. Hamilton, Whaley, McCutchen & Blanton, Columbia, for appellant.

Roy D. Bates and Danny C. Crowe, Columbia, for respondent.

September 1, 1981.

GREGORY, Justice:

Berry's On Main, Inc. appeals the sustaining of a demurrer to its complaint alleging an unconstitutional taking of property by respondent City of Columbia without compensation.1 We reverse.

The court below held the complaint deficient for failure to allege two of the necessary elements of an unconstitutional taking. Those found lacking are, first...

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