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GRAY v. S.C. DEPT. OF HWYS. & PUB. TRANSP.

No. 1874.

427 S.E.2d 899 (1992)

Rick GRAY d/b/a Patriot's Point Gulf, Respondent, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANPORTATION, Appellant.

Court of Appeals of South Carolina.

Decided October 5, 1992.

Order on Rehearing March 29, 1993.

Attorney(s) appearing for the Case

Ellison D. Smith, IV, and Richard D. Bybee, Smith & Bundy, Charleston, and Asst. Chief Counsel Natalie Moore, S.C. Dept. of Highways and Public Transp., Columbia, for appellant.

S. Jahue Moore, Kirkland, Taylor, Wilson, Moore, Allen & Deneen, West Columbia, for respondent.

CURETON, Judge:

This inverse condemnation case arose when the South Carolina Department of Highways and Public Transportation closed the intersection of Grand Street and U.S. Highway 17 by-pass in Mt. Pleasant, South Carolina, in 1989. The jury awarded Rick Gray damages of $162,000 for the taking of his property. The Department appeals. We affirm in part, reverse in part and remand.

FACTS

From 1978 to 1989 Gray operated a prosperous service station...

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