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GADSON v. HEMBREE

No. 25980.

364 S.C. 316 (2005)

613 S.E.2d 533

John GADSON and Julia Gadson as personal representatives of the Estate of James Gadson, et al., Appellants, v. J. Gregory HEMBREE as successor in interest to Ralph Wilson, Solicitor for the Fifteenth Judicial Circuit, ex officio on behalf of the Georgetown County Sheriff's Office and the Georgetown Police Department, Respondents.

Supreme Court of South Carolina.

Decided May 9, 2005.

Rehearing Denied June 15, 2005.

Attorney(s) appearing for the Case

Michael S. Church, of Turner, Padget, Graham & Laney, P.A., and Larry C. Smith, both of Columbia, for Appellants.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General T. Stephen Lynch, Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, and Lisa Marie Hatley, of Conway, for Respondents.

Justice BURNETT.

This is an action seeking return of property pursuant to the innocent owner provision of S.C.Code Ann. § 44-53-586 (2002). The trial court granted Respondents' motion for dismissal and summary judgment. This Court certified the case from the Court of Appeals pursuant to Rule 204(b), SCACR. We affirm as modified.

FACTUAL/PROCEDURAL BACKGROUND

James Gadson owned a lot and building in the City of Georgetown. He leased the building...

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