· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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