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DEPT. OF TRANSP. v. HINSON FAMILY

No. 25911.

361 S.C. 649 (2004)

606 S.E.2d 781

SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Appellant, v. HINSON FAMILY HOLDINGS, LLC (formerly Hinson Family Limited Partnership, a South Carolina limited partnership) and Hinson Properties, Llc, a South Carolina limited liability company, Respondents.

Supreme Court of South Carolina.

Decided December 13, 2004.

Attorney(s) appearing for the Case

Clifford O. Koon, Paul D. de Holczer, and Mary Frances Gibson, all of Moses Koon & Brackett, of Columbia, for Appellant.

Howell V. Bellamy, Jr., and Robert S. Shelton, both of Bellamy, Rutenberg, Copeland, Epps, Graveley & Bowers, P.A., of Myrtle Beach, for Respondents.

Justice BURNETT:

This is an appeal in a condemnation case which has yet to be tried. The South Carolina Department of Transportation (DOT) appeals a circuit court order granting partial summary judgment to Respondents (Hinson). This appeal was transferred from the Court of Appeals pursuant to Rule 204, SCACR. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In February 1994, DOT exercised its right of eminent domain and filed a notice of condemnation...

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