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DEPT. OF TRANSP. v. HORRY COUNTY

No. 26911.

391 S.C. 76 (2011)

705 S.E.2d 21

SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent, v. HORRY COUNTY, Burroughs and Chapin Company, Inc., Wendell A. Grainger, Wanda B. Grainger, William Michael Grainger, Augustus Mace Grainger, and Rachel Louise Grainger Rabon, Defendants, Of whom Wendell A. Grainger, Wanda B. Grainger, William Michael Grainger, Augustus Mace Grainger, and Rachel Louise Grainger Rabon are Appellants.

Supreme Court of South Carolina.

Decided January 18, 2011.

Rehearing Denied February 16, 2011.

Attorney(s) appearing for the Case

Louis David Nettles , of Folkens Law Firm, of Florence, W.E. Jenkinson, III and Jennifer R. Kellahan , both of Jenkinson, Jarrett and Kellahan, of Kingstree, for Appellants.

Barbara Munig Wessinger , of SCDOT, of Columbia, and John Samuel West , of Moncks Corner, for Respondent.

John L. Weaver , of Office of Horry County Administrator, of Conway, for Defendants.

Chief Justice TOAL:

The South Carolina Department of Transportation (SCDOT) filed a declaratory judgment action, seeking a determination that it had a valid easement across the Graingers' (Appellants) land. The special referee found SCDOT does hold a valid easement, and this appeal followed.

FACTS/PROCEDURAL BACKGROUND

By way of a deed executed in 1924, the Burroughs & Chapin Co. (B & C) conveyed a 400 feet by 700 feet easement over a parcel...

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