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S.C. D.H.P.T. v. E.S.I. INVESTMENTS

No. 24836.

332 S.C. 490 (1998)

505 S.E.2d 593

SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Respondent, 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, Lessee; 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; 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 which E.S.I. Investments is the Petitioner. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Respondent, v. E.S.I. INVESTMENTS, a South Carolina General Partnership, Landowner, and the South Carolina National Bank, Mortgagee; and Protective Life Insurance Company, Mortgagees, of which E.S.I. Investments is the Petitioner.

Supreme Court of South Carolina.

Decided September 14, 1998.

Attorney(s) appearing for the Case

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

Richard D. Bybee, of Smith, Bundy, Bybee and Barnett, Charleston; and Natalie Jean Moore, Columbia, for respondent.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

FINNEY, Chief Justice:

We granted a writ of certiorari to review the Court of Appeals' decision in South Carolina Department of Highways & Public Transportation v. E.S.I. Investments, 322 S.C. 147, 470 S.E.2d 387 (Ct.App.1996). We reverse.

FACTS

This condemnation action was commenced by the filing of three Notices of Condemnation. The actions...

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