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CITY OF FOLLY BEACH v. ATLANTIC HOUSE

No. 24384.

467 S.E.2d 928 (1996)

CITY OF FOLLY BEACH, Appellant, v. ATLANTIC HOUSE PROPERTIES, LTD., Respondent.

Supreme Court of South Carolina.

Decided March 4, 1996.

Attorney(s) appearing for the Case

Ben Peeples, of Peeples & Stringer, Charleston, for Appellant.

John D. Bradley, III, of Riesen Law Offices, Charleston; Thomas R. Goldstein, of Belk, Cobb, Chandler & Goldstein, Charleston, both for Respondent.

TOAL, Justice:

In this action arising out of a condemnation dispute, the City of Folly Beach appeals the trial court's awarding of attorneys' fees to the landowner. We reverse.

FACTUAL/PROCEDURAL HISTORY

Pursuant to the South Carolina Eminent Domain Procedure Act, S.C.Code Ann. § 28-2-10 to -510 (1991), the City of Folly Beach ("Folly Beach") sought to condemn two lots owned by Atlantic House Properties ("Landowner"). Landowner asserted its...

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