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HOLLIDAY AMUSEMENT CO. v. SOUTH CAROLINA

No. 06-1668.

493 F.3d 404 (2007)

HOLLIDAY AMUSEMENT COMPANY OF CHARLESTON, INCORPORATED; Warren P. Holliday, Plaintiffs-Appellants, v. SOUTH CAROLINA, State of; Grady L. Patterson, Jr., in his official capacity as Treasurer of the State of South Carolina; Jim Hodges, Governor of South Carolina; Charles M. Condon, Attorney General; Robert M. Stewart, individually, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 3, 2007.

Attorney(s) appearing for the Case

ARGUED: Roger J. Marzulla, Marzulla & Marzulla, Washington, DC, for Appellants. Robert Holmes Hood, Hood Law Firm, Charleston, South Carolina, for Appellees. ON BRIEF: Nancie G. Marzulla, Marzulla & Marzulla, Washington, DC, for Appellants. James B. Hood, Deborah H. Sheffield, Hood Law Firm, Charleston, South Carolina; Henry D. McMaster, South Carolina Attorney General, C. Havird Jones, Jr., Senior Assistant Attorney General, Attorney General's Office, Columbia, South Carolina, for Appellees.

Before WIDENER, WILKINSON, and KING, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge KING joined.

OPINION

WILKINSON, Circuit Judge:

Plaintiffs Warren P. Holliday and Holliday Amusement Company of Charleston, Inc. ("Holliday"), seek just compensation for an alleged regulatory taking. Holliday claims that 1999 S.C. Act No. 125, which outlawed video gaming machines in the state of South Carolina, destroyed Holliday's

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