Greenville Legislative Delegation Transportation Commission v. Kissling

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Greenville Legislative Delegation Transportation
Commission Appellant,

v.

Fredrick R.
Kissling Respondent.

Appeal From Greenville County

Alison R. Lee, Circuit Judge

Unpublished Opinion No. 2008-UP-697

Heard November 11, 2008 – Filed December
15, 2008   

AFFIRMED

Max T. Hyde, Jr., and Donald C. Coggins, Jr., both of Spartanburg,
for Appellant.

H.W. Pat Paschal, Jr., of Greenville, for
Respondent.

PER
CURIAM:  Greenville Legislative Delegation Transportation Committee
appeals from a jury award of $96,000 in this condemnation proceeding.   We affirm
pursuant to Rule 220(b), SCACR, and the following authorities:  I’On v. Town
of Mt. Pleasant, 338 S.C. 406, 422, 526 S.E.2d 716, 724 (2000) (stating an
appellate court may affirm for any reason appearing in the record, but may
reverse only for a reason raised to and ruled upon by the trial court and
argued on appeal); Burroughs & Chapin Co., v. S.C. Dep’t of Transp.,
352 S.C. 535, 539, 574 S.E.2d 751, 753 (Ct. App. 2002) (holding the admission
of evidence is a matter left to the discretion of the trial judge and, absent
clear abuse, will not be disturbed on appeal); S.C. Dep’t of Transp. v.
Richardson, 335 S.C. 278, 282, 516 S.E.2d 3, 5 (Ct. App. 1999) (stating a landowner
is competent in condemnation proceedings to give opinion as to value of his or
her land and damages); City of N. Charleston v. Claxton, 315 S.C. 56,
61, 431 S.E.2d 610, 613 (Ct. App. 1993) (finding a landowner may value property
under its most advantageous or profitable use); Cantrell v. Carruth, 250
S.C 415, 421, 158 S.E.2d 208, 211 (1967) (holding testimony received without
objection becomes competent and its sufficiency is for the jury); Townes
Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 85, 221 S.E.2d 773, 775
(1976) (holding a factual finding of a jury will not be disturbed unless a
review of the record discloses no evidence which reasonably supports jury’s
findings).

AFFIRMED.

HEARN, C.J., and PIEPER, J., and GOOLSBY, A.J., concur.