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· 3/22/2004

Hawkins v. City of Greenville

Citations

  • 594 S.E.2d 557
  • 358 S.C. 280
  • 2004 S.C. App. LEXIS 75

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding the City of Greenville's design and maintenance of the drainage system did not constitute inverse condemnation
  • finding that the replacement of a double-box culvert with a large arched pipe and installation of riprap material were affirmative acts
  • finding the allegedly improper approval of neighboring developments and subsequent failure to upgrade affected drainage pipes were \merely failures to act\
  • explaining an appellate court \applies the same standard which governs the trial court\ when reviewing the grant of a summary judgment motion
  • stating \[a]llegations of mere failure to act are insufficient\ to support a claim for inverse condemnation
  • affirming the trial court's grant of summary judgment based on lack of any evidence showing an affirmative, positive, aggressive act which would have tended to prove the government entity's actions caused or precipitated the flooding of the plaintiff's property

Source: CourtListener parenthetical corpus (CC0).

Judges: Anderson, Hearn, Beatty

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.