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McPHERSON v. S.C.D.H.P.T.

1275

297 S.C. 303 (1989)

376 S.E.2d 780

Eva McPHERSON, Respondent v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant.

Court of Appeals of South Carolina.

Decided January 16, 1989.

Attorney(s) appearing for the Case

Chief Counsel, Victor S. Evans, Asst. Chief Counsel, Michael S. O'Neal, South Carolina Dept. of Highways and Public Transp. Columbia; and John B. McCutcheon and John B. McCutcheon, Jr., of McCutcheon, McCutcheon & Baxter, Conway, for appellant.

Carroll D. Padgett, Jr., Loris, for respondent.

Heard Dec. 12, 1988.

Decided Jan. 16, 1989.

CURETON, Judge:

The trial court granted Eva McPherson's motion for summary judgment on liability. The South Carolina Department of Highways and Public Transportation appeals. We affirm.

Eva McPherson alleged the Department took her private property for public use without the initiation of condemnation proceedings. The Department denied the allegation and asserted it had paid just compensation in 1938...

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