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ABS, INC. v. DEP'T OF COMMERCE

Appellate Case No. 2021-000051 Opinion No. 28184.

442 S.C. 421 (2024)

900 S.E.2d 241

APPLIED BUILDING SCIENCES, INC., Appellant, v. SOUTH CAROLINA DEPARTMENT OF COMMERCE, DIVISION OF PUBLIC RAILWAYS, Respondent.

Supreme Court of South Carolina.

Filed January 17, 2024.

Rehearing Denied May 7, 2024.

Attorney(s) appearing for the Case

Gene McCain Connell, Jr., of Kelaher, Connell & Connor, P.C., of Surfside Beach, for Appellant.

Keith M. Babcock and Joseph B. Berry, both of Lewis Babcock L.L.P., of Columbia, for Respondent.

Paul Dezso de Holczer, of Columbia, for Amicus Curiae South Carolina Department of Transportation. Bryan Eric Shytle, of Columbia, for Amicus Curiae Municipal Association of South Carolina.

We certified this case pursuant to Rule 204(b), SCACR. We affirm the circuit court and hold the $50,000 statutory limit on reimbursement of reestablishment expenses in condemnation proceedings set forth in S.C. Code Ann. section 28-11-30(4) (Supp. 2023) is constitutional.

I.

Appellant Applied Building Sciences, Inc...

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