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STATE EX REL McLEOD v. SLOAN CONST. CO.

0395

284 S.C. 491 (1985)

328 S.E.2d 84

STATE of South Carolina, ex rel. Daniel R. McLEOD, Attorney General, Appellant, v. SLOAN CONSTRUCTION COMPANY, INC., Respondent.

Court of Appeals of South Carolina.

Decided February 13, 1985.

Attorney(s) appearing for the Case

T. Travis Medlock, Atty. Gen., Daniel R. McLeod, Retired Atty. Gen., Kenneth P. Woodington and David C. Eckstrom, Asst. Attys. Gen., Columbia, for appellant.

C. Thomas Wyche and Bradford W. Wyche of Wyche, Burgess, Freeman & Parham, P.A., Greenville, for respondent.

Heard March 22, 1984.

Decided Feb. 13, 1985.

BELL, Judge:

The State of South Carolina commenced this action on the relation of its Attorney General seeking a declaratory judgment that it owns a portion of the bed of the Board River in Union County from which Sloan Construction Company, the riparian proprietor, has been mining sand. The Broad River at the site in question is a nontidal, navigable stream. The circuit court held that Sloan owns the riverbed...

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