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THOMAS SAND CO. v. COLONIAL PIPELINE CO.

No. 3454.

349 S.C. 402 (2002)

563 S.E.2d 109

THOMAS SAND COMPANY, Appellant, v. COLONIAL PIPELINE COMPANY, Respondent.

Court of Appeals of South Carolina.

Decided February 25, 2002.

Rehearing Denied May 21, 2002.

Attorney(s) appearing for the Case

W. Grady Jordan, of Olson, Smith, Jordan & Cox, of Easley; and J. Kendall Few, of Few & Few, of Greenville, for appellant.

Edward Cole, of The Ward Law Firm, of Spartanburg, for respondent.

STILWELL, Judge:

Thomas Sand sued Colonial for damages, alleging a spill from its pipeline rupture contaminated a sand deposit Thomas Sand had leased on the Reedy River. The trial court held the failure to exhaust administrative avenues to obtain a permit was the proximate cause of its inability to mine the sand and granted Colonial summary judgment. We reverse.

FACTS

Colonial owns and operates a 36 inch pipeline extending from Houston to New York...

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