Watson v. Town of Pendleton
This text of 345 S.E.2d 489 (Watson v. Town of Pendleton) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant contends that the damages were not proven properly in this inverse condemnation case. Due to the inconsistency between the trial judge’s ruling on what was admissible on the issue of damages and the testimony which was subsequently admitted, this case is reversed and remanded on the issue of damages. See South Carolina Department of Highways and Public Transportation v. Cheston, 278 S. C. 464, 298 S. E. (2d) 447 (1982).
[316]*316Appellant further contends that pursuant to S. C. Code Ann. §§ 5-27-120, 5-31-450 (1976) the City of Pendleton has exclusive liability in this matter. Appellant did not raise this defense in its pleadings, but chose to answer the complaint on its merits. We therefore decline to consider this issue on appeal.
Reversed and remanded.
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Cite This Page — Counsel Stack
345 S.E.2d 489, 289 S.C. 315, 1986 S.C. LEXIS 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-town-of-pendleton-sc-1986.