DocketNumber: 2007-MO-039
Filed Date: 6/25/2007
Status: Non-Precedential
Modified Date: 10/11/2024
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Supreme Court
Davenport Properties, a SC General Partnership, Appellant,
v.
South Carolina Department of Transportation; Connector 2000 Association, Inc.; Interwest Carolina Transportation Group, LLC; and Interwest Management, Inc., Respondents.
Appeal From Greenville County
John C. Few, Circuit Court Judge
Memorandum Opinion No. 2007-MO-039
Heard May 22, 2007 Filed June 25, 2007
AFFIRMED
Howard W. Paschal, Jr., of Price, Ashmore & Beasley, PA, of Greenville, for Appellant.
Beacham O. Brooker, Jr., of Columbia, and Peter A. Rutledge and J. Richard Kelly, both of Leatherwood, Walker, Todd and Mann, of Greenville, for Respondents.
PER CURIAM: Affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities: Osborne v. Adams, 346 S.C. 4, 550 S.E.2d 319 (2001) (summary judgment standard); Hardin and Tallent v. South Carolina Dept of Transp., 371 S.C. 598, 641 S.E.2d 437 (2007) (road closings and realignments which do not take land from a property owner do not give rise to compensable takings); Hill v. The Beach Company, 279 S.C. 313, 301 S.E.2d 604 (1983) (a prescriptive right to ocean view, breezes, light and air does not exist in South Carolina).
TOAL, C.J., MOORE, BURNETT, PLEICONES, JJ., and Acting Justice J. Michelle Childs, concur.