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K & A ACQUISITION GROUP v. ISLAND POINTE

No. 26696.

383 S.C. 563 (2009)

682 S.E.2d 252

K & A ACQUISITION GROUP, LLC, Appellant, v. ISLAND POINTE, LLC; South Carolina Department of Transportation, Elizabeth S. Mabry, in her Official Capacity as Executive Director of the South Carolina Department of Transportation; and City of Folly Beach, South Carolina, Respondents.

Supreme Court of South Carolina.

Heard April 21, 2009.

Attorney(s) appearing for the Case

C. Mitchell Brown, of Nelson, Mullins, Riley & Scarborough, of Columbia, Robert H. Brunson and Erin E. Richardson, both of Nelson, Mullins, Riley & Scarborough, of Charleston, for Appellant.

Beacham O. Brooker, Jr., of Columbia, Ellison D. Smith, IV, of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant, James B. Richardson, Jr., of Columbia, Michael R. Daniel, of Elloree, Otis B. Peeples, Jr., of Charleston, for Respondents.

AFFIRMED AS MODIFIED

Justice BEATTY:

In this declaratory judgment action, K & A Acquisition Group, LLC (K & A), appeals the master-in-equity's order finding that a .42 acre parcel of coastal property, which was part of a former Folly Beach toll road, was "abandoned" by the South Carolina Department of Transportation (SCDOT) and properly conveyed by a quitclaim deed to private landowners. Pursuant to Rule 204(b), SCACR, this Court certified this appeal...

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