Davenport Properties v. South Carolina Department of Transportation

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 Dep’t 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.