City of Folly Beach v. Atlantic House Properties, Ltd.

Toal, Justice:

In this action arising out of a condemnation dispute, the City of Folly Beach appeals the trial court’s awarding of attorney’s fees to the landowner. We reverse.

FACTUAL/PROCEDURAL HISTORY

Pursuant to the South Carolina Eminent Domain Procedure Act, S.C. Code Ann. § 28-2-10 to -510 (1991), the City of Folly Beach (“Folly Beach”) sought to condemn two lots owned by Atlantic House Properties (“Landowner”). Landowner asserted its right to a jury trial. The jury returned a verdict for Landowner in the amount of $250,000. That verdict was affirmed by this Court in City of Folly Beach…