South Carolina Department of Parks, Recreation & Tourism v. Brookgreen Gardens

Toal, Justice;

This case arises from a petition for original jurisdiction which was granted by the court pursuant to Rule 229, SCACR, dated March 25,1992. The petition requests declaratory relief, based on the public interest and emergency conditions which exist, to determine the respective rights of the parties in property comprising what is now known as Huntington Beach State Park. We hold that Brookgreen Gardens (Brookgreen) possesses the title to the land in fee simple absolute.

FACTS

The parties are in essential agreement on the facts. In 1931, Archer M. Huntington and his wife Anna Hyatt…