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SMITH v. COMMISSIONERS OF PUBLIC WORKS

No. 2134.

441 S.E.2d 331 (1994)

Harold E. Smith, Carl F. Smith and Jerry R. Smith, Respondents, v. COMMISSIONERS OF PUBLIC WORKS OF the CITY OF CHARLESTON, a Corporate Body Politic, and Jay H. McDowell and Bankers Trust Company, as Trustees under the Will of Benjamin R. Kittredge, of whom Commissioners of Public Works of the City of Charleston, a Corporate Body Politic is the Appellant.

Court of Appeals of South Carolina.

Decided February 7, 1994.

Attorney(s) appearing for the Case

Lucas C. Padgett, Jr., Donald M. Williams and Karen C. Jackson all of McNair & Sanford, Charleston, for appellant.

Capers G. Barr, III of Barr, Barr & McIntosh and Grover C. Seaton, III of Walter Bilbro & Associates, Charleston, for respondents.

CURETON, Judge:

This is a declaratory judgment action involving the interpretation of a written agreement. In the action, respondents, Harold E. Smith, Carl F. Smith and Jerry R. Smith (Smiths), ask the court to declare that they have an easement to cross the land of appellant, Commissioners of Public Works of the City of Charleston (CPW). The master granted the relief sought by the Smiths and CPW appeals. We affirm as modified and remand.

The Smiths and CPW...

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