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TOWN OF KINGSTREE v. CHAPMAN

No. 5162.

405 S.C. 282 (2013)

747 S.E.2d 494

TOWN OF KINGSTREE, a Body Corporate and Politic, Respondent, v. Gary W. CHAPMAN, Jr., Terilyn J. McClary, Waccamaw Housing, Inc., Lydia F. Duke, Alice H. Kellahan, and South Carolina Department of Transportation, Defendants, Of Whom Lydia F. Duke and Alice H. Kellahan are the Appellants.

Court of Appeals of South Carolina.

Decided July 24, 2013.

Attorney(s) appearing for the Case

Larry G. Reddeck , of Nettles Turbeville & Reddeck, of Lake City; and William M. O'Bryan, Jr. , of O'Bryan & O'Bryan, of Kingstree, for Appellants.

Ernest Joseph Jarrett , of Jenkinson Jarrett & Kellahan, PA, and Mary Amanda Harrelson Shuler , of Whetstone Perkins & Fulda, LLC, both of Kingstree, for Respondent.

KONDUROS, J.

Lydia F. Duke and Alice H. Kellahan (collectively, Appellants) appeal the special referee's order granting the Town of Kingstree's (the Town's) petition to close a portion of Porter Street, arguing (1) the Town was bound by the allegation in its petition that Appellants had an easement for the use of Porter Street; (2) Appellants had an express written easement across the area in question, which had not been abandoned; (3) the area in question was not...

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