Moore v. Chesterfield County

Gregory, Justice:

This case involves an action for the taking of private property for public use without just compensation in violation of Article I, Section 13 of the South Carolina Constitution (1962 Code of Laws, as amended). Chesterfield County appeals from the overruling of its demurrer by the Honorable A. Lee Chandler, Resident Judge of the Fourth Judicial Circuit. The only issue is whether respondents’ complaint states facts sufficient to constitute a cause of action. We agree with the lower court that it does, and affirm.

It is well settled that in passing on a demurrer, the complaint…