Legal Opinion

South Carolina Department of Transportation v. M & T Enterprises of Mt. Pleasant, LLC.

Court of Appeals of South Carolina

Decided September 12, 2008No. 4435PublishedCited by 24 opinions

1Opinion of the Court

PIEPER, J.:

This appeal involves a dispute between a landlord and tenant over the division of a compensation award from a partial taking of leased property by condemnation. Walgreen Company (Tenant) appeals the master-in-equity’s decision to give the entire $100,000 award to M & T Enterprises of Mt. Pleasant, LLC (Landlord). Since we may affirm for any reason in the record, we affirm as modified.

FACTS

In 2001, Tenant entered into a lease (Lease) with MD/CP-Mount Pleasant, LLC (MD/CP). The Lease clause titled “Delivery of Possession” provided Landlord would complete *650construction of the building…

2Cases cited54 opinions

  1. United States v. General Motors Corp.Supreme Court of the United States · 1945
  2. United States v. Petty Motor Co.Supreme Court of the United States · 1946
  3. I'On, L.L.C. v. Town of Mt. PleasantSupreme Court of South Carolina · 2000
  4. Elam v. South Carolina Department of TransportationSupreme Court of South Carolina · 2004
  5. C.A.N. Enterprises, Inc. v. South Carolina Health & Human Services Finance CommissionSupreme Court of South Carolina · 1988

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3Cited by24 opinions

  1. Wiegand v. United States Automobile Ass'nSupreme Court of South Carolina · 2011
  2. Clardy v. BODOLOSKYCourt of Appeals of South Carolina · 2009
  3. Lee v. University of South CarolinaSupreme Court of South Carolina · 2014
  4. First South Bank v. RosenbergCourt of Appeals of South Carolina · 2016
  5. Lollis v. DuttonCourt of Appeals of South Carolina · 2017

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