Belue v. City of Spartanburg

(dissenting) :

I dissent. Appellant Carl Belue appeals from an order sustaining respondents’ demurrers to his complaint. I concur with that portion of the majority opinion sustaining the demurrers to his causes of action for the taking of private property and nuisance, and would reverse that portion sustaining the demurrer to his negligence cause of action.

Appellant’s complaint alleged he was entitled to money damages because respondents’ water main burst, flooding his store and ruining his merchandise. He sought to recover under three theories of liability:(1) The damage to his property was a…