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FRAMPTON v. DEPT. OF TRANSPORTATION

No. 5181.

406 S.C. 377 (2013)

752 S.E.2d 269

Henry W. FRAMPTON, III, Respondent, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Appellant.

Court of Appeals of South Carolina.

Decided October 30, 2013.

Rehearing Denied December 19, 2013.

Attorney(s) appearing for the Case

Beacham O. Brooker, Jr. , of Columbia, for Appellant.

Richard D. Bybee and Michael Brent McDonald , both of Smith Bundy Bybee & Barnett, PC, of Mount Pleasant, for Respondent.

LOCKEMY, J.

In this inverse condemnation case, the South Carolina Department of Transportation (DOT) appeals the judgment in favor of Henry W. Frampton, III. DOT first argues the trial court's decision to seat the jury during the takings phase of the trial was unduly prejudicial and deprived it of a mode of trial to which it was entitled. Additionally, DOT argues (1) Frampton did not prove any facts that would constitute a taking of property; (2) the trial court did...

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