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DEPT. OF TRANSP. v. POWELL

No. 5368.

415 S.C. 299 (2015)

781 S.E.2d 726

SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent, v. David Franklin POWELL, Appellant.

Court of Appeals of South Carolina.

Decided December 9, 2015.

Rehearing Denied February 19, 2016.

Attorney(s) appearing for the Case

Howell V. Bellamy, Jr. and Robert S. Shelton , both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for appellant.

John B. McCutcheon, Jr. , of Thompson & Henry, P.A., of Conway; and Beacham O. Brooker, Jr. , of the South Carolina Department of Transportation, of Columbia, for respondent.

In this appeal from a condemnation action, David Powell argues the circuit court erred in granting the South Carolina Department of Transportation's (SCDOT) motion for partial summary judgment. We affirm.

FACTS/PROCEDURAL BACKGROUND

On August 27, 2010, SCDOT filed a notice of condemnation acquiring 0.183 acres of a...

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