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PAINE GAYLE PROPERTIES v. CSX TRANSP.

No. 5049.

400 S.C. 568 (2012)

735 S.E.2d 528

PAINE GAYLE PROPERTIES, LLC, Appellant, v. CSX TRANSPORTATION, INC., Respondent.

Court of Appeals of South Carolina.

Decided November 14, 2012.

Rehearing Denied December 19, 2012.

Attorney(s) appearing for the Case

G.P. Callison, Jr. , of Callison Dorn Law Firm, of Greenwood, for Appellant.

Elizabeth A. McLeod , of Fulcher Hagler, LLP, of Augusta, Georgia, for Respondent.

GEATHERS, J.

Appellant Paine Gayle Properties, LLC (Landowner) brought this action against Respondent CSX Transportation, Inc. (Railroad), seeking an order establishing an easement across a right-of-way held by Railroad. Landowner and Railroad filed cross-motions for summary judgment, and the circuit court granted summary judgment to Railroad. Landowner seeks review of this order. We affirm.

FACTS/PROCEDURAL HISTORY

On May 31, 1995, Richard R. Gayle...

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