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WORSLEY COMPANIES v. TOWN OF MT. PLEASANT

No. 25070.

339 S.C. 51 (2000)

528 S.E.2d 657

WORSLEY COMPANIES, INC., Appellant, v. TOWN OF MOUNT PLEASANT, Commissioner of Public Works of the Town of Mt. Pleasant, South Carolina, and Angelo Hassig, Respondents.

Supreme Court of South Carolina.

Decided February 22, 2000.

Attorney(s) appearing for the Case

W. Andrew Gowder, Jr., of Pratt-Thomas, Pearce, Epting & Walker, P.A., of Charleston, for appellant.

James Elliott, of Barnwell, Whaley, Patterson & Helms; and Thomas J. Wills, of Wills & Massalon, both of Charleston; and R. Allen Young, of Office of Corporate Counsel, of Mt. Pleasant, for respondent Town of Mt. Pleasant.

Michael J. Feri, of Grimball & Cabaniss, of Charleston; and David G. Jennings, of North Charleston, for respondents Commissioner of Public Works of the Town of Mt. Pleasant and Angelo Hassig.

MOORE, Justice:

Appellant brought this action alleging a temporary regulatory taking and denial of substantive due process. The circuit court granted respondents summary judgment. We affirm.

FACTS

In 1986, appellant Worsley Companies (Worsley) built a Scotchman on a tract of land (Tract B) leased from Daniel and Mildred Hall (Halls). Worsley constructed a sewer line across an adjacent tract of land...

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