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NORTH MYRTLE BEACH v. EAST CHERRY GROVE

No. 27113.

397 S.C. 497 (2012)

725 S.E.2d 676

CITY OF NORTH MYRTLE BEACH, Respondent, v. EAST CHERRY GROVE REALTY CO., LLC, The State of South Carolina, and John Doe, Defendants, Of whom East Cherry Grove Realty Co., LLC is the Appellant, and The State of South Carolina is Respondent.

Supreme Court of South Carolina.

Decided April 11, 2012.

Rehearing Denied May 24, 2012.

Attorney(s) appearing for the Case

Gene M. Connell, Jr. , of Kelaher, Connell & Connor, of Surfside Beach, for Appellant.

Attorney General Alan Wilson and Assistant Deputy Attorney General J. Emory Smith, Jr. , of Columbia, and Michael W. Battle , of Battle, Vaught & Howe, of Conway, for Respondents.

Justice PLEICONES:

Appellant East Cherry Grove Realty Co., LLC, appeals from a jury verdict finding that the State of South Carolina holds title to disputed canals in North Myrtle Beach. The question was submitted to the jury on three theories: that two quitclaim deeds established title in the canals; that the canals had been dedicated to the public; and that the State of South Carolina holds title to the canals in trust for the public. The jury returned a verdict...

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