Cobb v. South Carolina Department of Transportation
Supreme Court of South Carolina
1Opinion of the Court
Justice MOORE:
We granted a writ of certiorari to review the Court of Appeals’ order dismissing petitioner’s appeal. We affirm as modified.
FACTS
Respondents (Landowners) commenced these actions for inverse condemnation claiming that closure of a public street in the City of Easley damaged their property. Petitioner South Carolina Department of Transportation (DOT) moved to transfer Landowners’ cases to the non-jury docket. Judge New ruled Landowners have a right to a jury trial in the compensation phase of trial; he left decisions regarding “bifurcation” to the trial judge. DOT’S appeal of this…
2Cases cited24 opinions
- Chick Springs Water Co. v. State Highway DepartmentSupreme Court of South Carolina · 1931
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- Brock v. State Highway CommissionSupreme Court of Kansas · 1965
- DEPT. OF AGR. & CONSUMER SERV. v. BonannoSupreme Court of Florida · 1990
- Housing Finance & Development Corp. v. FergusonHawaii Supreme Court · 1999
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- Frampton v. South Carolina Department of TransportationCourt of Appeals of South Carolina · 2013
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