DEPT. OF HWYS. v. E.S.I. INVESTMENTS

No. 2487.

470 S.E.2d 387 (1996)

S.C. DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. E.S.I. INVESTMENTS, a South Carolina General Partnership, and The South Carolina National Bank, Mortgagee; Protective Life Insurance Company, Mortgagee; The Associates Financial Services, Leasee; One Price Clothing $7 Store # 53, Lessee; Variety Wholesalers, Lessee; Pic `n' Pay Shoes of Charleston, Lessee; Custom Furnishings, Lessee, Book Exchange, Lessee; Carolina Casuals, Lessee; A Total Look, Lessee; Ace TV Rentals, Lessee; P.J. Suds-N-Wash, Lessee; Revco Discount Drug Centers of South Carolina, Incorporated # 1204, Lessee; and K-Mart # 9509, Lessee; Liquor Store, Lessee; Big Star #2730, Lessee, and Other Condemnees, of Whom E.S.I. Investments is the Respondent. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. E.S.I. INVESTMENTS, a South Carolina General Partnership, Landowner, and First Palmetto State Bank and Trust Company, Incorporated, Mortgagee and Other Condemnees, of Whom E.S.I. Investments is the Respondent, SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. E.S.I. INVESTMENTS, A South Carolina General Partnership, Landowner, and The South Carolina National Bank, Mortgagee, Protective Life Insurance Company, Mortgagees, of Whom E.S.I. Investments is the Respondent.

Court of Appeals of South Carolina.

Decided March 18, 1996.

Rehearing Denied May 23, 1996.


Attorney(s) appearing for the Case

Richard D. Bybee, of Smith, Bundy, Bybee & Barnett, Charleston; and Natalie J. Moore, of S.C. Dept. of Transportation, Columbia, for appellant.

Evans Taylor Barnette and Thomas E. McCutchen, both of McCutchen, Blanton, Rhodes & Johnson, Columbia, for respondent.


HEARN, Judge:

These are consolidated condemnation cases in which the condemnor, the South Carolina Department of Highways and Public Transportation, appeals an order granting a new trial to the landowner, E.S.I. Investments. We reverse.1

The Department of Highways and Public Transportation sought to acquire a portion of three tracts of land owned by E.S.I. Investments. One of the tracts was improved with a shopping center known...

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