Berry's on Main, Inc. v. City of Columbia

Gregory, Justice:

Berry’s On Main, Inc. appeals the sustaining of a demurrer to its complaint alleging an unconstitutional taking of property by respondent City of Columbia without compensation. We reverse.

The court below held the complaint deficient for failure to allege two of the necessary elements of an unconstitutional taking. Those found lacking are, first, that there must be an affirmative, positive, aggressive act on the part of the governmental agency, Kline v. City of Columbia, 249 S. C. 532, 155 S. E. (2d) 597 (1967); and second, that the taking must have some degree of permanence,…