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SC STATE PORTS AUTHORITY v. JASPER COUNTY

No. 26132.

368 S.C. 388 (2006)

629 S.E.2d 624

SOUTH CAROLINA STATE PORTS AUTHORITY, Petitioner, v. JASPER COUNTY, Respondent.

Supreme Court of South Carolina.

Decided April 3, 2006.

Rehearing Denied May 25, 2006.

Attorney(s) appearing for the Case

C. Mitchell Brown and Kevin A. Hall, both of Nelson Mullins Riley & Scarborough, L.L.P., of Columbia, for Petitioner.

A. Camden Lewis, Keith M. Babcock and Brady T. Thomas, all of Lewis, Babcock & Hawkins, of Columbia; and Marvin C. Jones, of Bogoslow Jones Stephens & Duffie, P.A., of Walterboro, for Respondent.

Justice BURNETT:

This case was filed in the original jurisdiction of the Court, pursuant to Rule 229(a), SCACR. The South Carolina State Ports Authority (SCSPA) seeks a declaratory judgment determining whether it has the exclusive authority to develop a port or terminal on the Savannah River. The SCSPA further seeks determination of whether it has a superior right over Jasper County (County) to condemn land on the Savannah...

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