Eldridge v. City of Greenwood

I concur fully in Judge Cureton’s opinion. I think it appropriate, however, to comment briefly on Part I of Judge Gardner’s dissent.

In Part I of his dissent, Judge Gardner indicates he would uphold the trial court’s grant of summary judgment using the doctrine of “condemnation by substitution.” Under this theory, a municipality may constitutionally condemn specific property and exchange it for other property acquired for public purposes. See Annot., 20 A.L.R. (3d) 862 (1968).

The issue here is not whether the City of Greenwood had the right to condemn property for the relocation of the…