Grant v. City of Folly Beach

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

J. Kirkland
Grant, Appellant,

v.

City of Folly
Beach, Respondent.

Appeal From Charleston County

 Mikell R. Scarborough, Master In Equity

Unpublished Opinion No. 2009-UP-147

Heard February 5, 2009 – Filed March 18,
2009   

AFFIRMED

Melinda Adelle Lucka, of Mt. Pleasant, and
J. Kirkland Grant, of Charleston, for Appellant.

Otis Benjamin Peeples, Jr. of Charleston,
and Phillip Ferderigos, of Charleston, for Respondent.

PER CURIAM:  J. Kirkland Grant appeals the master-in-equity's
dismissal of his claims for takings and damages for loss of commercial rental
income.  We affirm pursuant to Rule 220, SCACR, and the following authorities:

Due
process: Rules 52(c) & 59(f), SCRCP (stating post-trial motions "may
in the discretion of the court be determined on briefs filed by parties without
oral argument"); PPG Indus., Inc. v. Orangeburg Paint & Decorating
Ctr., Inc., 297 S.C. 176, 184, 375 S.E.2d 331, 335 (Ct. App. 1988) (ruling
trial court did not violate appellant’s due process rights by not allowing oral
argument on the motion to reconsider summary judgment where appellant was
allowed to submit written materials and oral argument was previously allowed);

Judicial
estoppel: First Sav. Bank v. McLean, 314 S.C. 361, 363, 444 S.E.2d 513,
514 (1994) (deeming an issue abandoned because the appellant failed to
"provide arguments or supporting authority for his assertion"); Ellie,
Inc. v. Miccichi, 358 S.C. 78, 99, 594 S.E.2d 485, 496 (Ct. App. 2004)
(stating when an issue is not argued within the body of the brief but is only a
short conclusory statement, it is abandoned on appeal); Anderson v. Short,
323 S.C. 522, 476 S.E.2d 475 (1996) (stating where a decision is based on more
than one ground, the appellate court will affirm unless the appellant appeals
all grounds because the unappealed ground will become the law of the case); First
Union Nat'l Bank of S.C. v. Soden, 333 S.C. 554, 566, 511 S.E.2d 372, 378
(Ct. App. 1998) (holding an "unchallenged ruling, right or wrong, is the
law of the case and requires affirmance");

Remaining
issues:  Whiteside v. Cherokee County Sch. Dist. No. One, 311 S.C. 335,
340-41, 428 S.E.2d 886, 889 (1993) (holding that remaining issues need not be
addressed when the resolution of a prior issue is dispositive).  

AFFIRMED.

HUFF,
THOMAS, and LOCKEMY, JJ., concur.