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BOYD v. BELLSOUTH TELEPHONE

No. 3776.

359 S.C. 209 (2004)

597 S.E.2d 161

Caroline BOYD and The Caroline Collection, Inc., Appellants, v. BELLSOUTH TELEPHONE TELEGRAPH COMPANY, INC., aka BellSouth Telecommunications, Inc., now known as BellSouth, Respondent.

Court of Appeals of South Carolina.

Decided April 12, 2004.

Rehearing Denied June 25, 2004.

Attorney(s) appearing for the Case

J.D. Mosteller, III, of Barnwell and Stephen A. Spitz, of Columbia, for Appellants.

Richard B. Ness, of Bamberg, for Respondent.

HOWARD, J.:

Caroline Boyd, on behalf of herself and her antique business, The Caroline Collection, Inc., sued BellSouth Telephone Telegraph Company, Inc., a/k/a BellSouth Telecommunications, Inc., now known as BellSouth ("BellSouth"), seeking to establish an easement over BellSouth's property. Specifically, Boyd alleged she possessed an easement by necessity, pre-existing use, or estoppel. The special referee granted summary judgment to BellSouth, concluding no easement...

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