East Cherry Grove Co., LLC v. State of South Carolina

Syllabus

The State of South Carolina appeals the circuit court's order finding East Cherry Grove Co., LLC and Ray & Nixon, LLC (collectively, Respondents) owned two respective parcels of real property consisting of tidelands in North Myrtle Beach. The trial of this case involved two parcels of real property: one identified as Tax Map Number 145-00-01-001, in the name of East Cherry Grove (the East Cherry Grove Tract), and the other identified as Tax Map Number 145-02-25-004, in the name of Ray & Nixon (the Ray & Nixon Tract). On appeal, the State argues the circuit court erred by (1) misapplying the law of the case doctrine by applying a decision from an entirely different suit that did not decide the issues presented in this case (2) applying the standard of proof of preponderance of the evidence instead of clear and convincing evidence (3) determining Respondents own the entirety of the East Cherry Grove Tract when they presented no evidence they own the portions of the tract referred to as \the pig's ears\ and \dome of the pig's head\ (4) determining Respondents own the entirety of the East Cherry Grove Tract when the maps relied upon failed to meet standards for the specificity of tidelands conveyances (5) failing to use and apply the plat of Russell Courtney (the Courtney plat) instead of the overlays Respondents' expert prepared when the Courtney plat was much more consistent with the specificity and evidence required to establish tidelands conveyances (6) improperly relying on the testimony of the title opinion expert about the general area included on the tax map of the East Cherry Grove Tract when he was not a surveyor and could not override the testimony of the two surveyors and (7) failing to clarify that only the State controls navigable waterways. We affirm as modified in part and reverse in part.