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ELDRIDGE v. CITY OF GREENWOOD

1428

300 S.C. 369 (1989)

388 S.E.2d 247

Eddie Wayne ELDRIDGE, Charles Louis Beaudrot, Russie Beaudrot Young, Homer Charles Walker and Ray F. Stewart, Individually and on behalf of a Class of Plaintiffs similarly situated, and Herbert Malcolm Crum, Individually and on behalf of a Class of Plaintiffs similarly situated, Appellants v. The CITY OF GREENWOOD, Greenwood County, and the South Carolina Highway Department, Respondents.

Court of Appeals of South Carolina.

Decided December 11, 1989.

Attorney(s) appearing for the Case

J. Kendall Few, Marvin R. Watson, Greenwood, and Thomas E. Hite, Jr., of Hite & Pruitt, Abbeville, for appellants.

W.K. Charles, III, Stephen D. Baggett, of Burns, McDonald, Bradford, Patrick & Dean, and Watson L. Dorn, of Callison, Dorn, Thomason & Garrett, Greenwood, Deputy Chief Counsel Richard D. Bybee, and Asst. Chief Counsel William L. Todd, of S.C. Dept. of Highways and Public Transportation, Columbia, for respondents.

Heard May 16, 1989.

Decided Dec. 11, 1989.

CURETON, Judge:

This case concerns the vacated right-of-way of Southern Railway in the City of Greenwood, South Carolina. The Appellants are members of two classes. One class is composed of abutting landowners along the right-of-way. The second class consists of heirs of the original owners of the right-of-way property at the time the right-of-way was acquired. They...

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