South Carolina Public Service Authority v. Ocean Forest, Inc.

Ness, Justice:

This appeal is from an order granting respondent summary judgment. Respondent, S. C. Public Service Authority brought this action for a permanent injunction enjoining appellant, Ocean Forest, Inc., from interfering with the cutting of “danger trees” by the Authority, on appellant’s land.

In determining whether summary judgment was properly granted, we consider the evidence in a light most favorable to appellant. Summary judgment should be granted only when it is clear no genuine issue as to any material fact remains and the moving party is entitled to judgment as a matter of law.…