Watson v. Town of Pendleton

Full title: Steve W. WATSON and Cathy R. Watson, Respondent v. TOWN OF PENDLETON and…

Court: Supreme Court of South Carolina

Date published: Jun 9, 1986

345 S.E.2d 489 (S.C. 1986)

345 S.E.2d 489

Opinion

22568

Heard May 20, 1986.

Decided June 9, 1986.

Michael F. Mullinax, of Long, Thomason Mullinax, Anderson, for appellant. Jack F. McIntosh, of McIntosh Sherard, Anderson, for respondents. Steven M. Krause, of Epps Krause, Anderson, for defendant Town of Pendleton.

Heard May 20, 1986.

Decided June 9, 1986.

Per Curiam:

Appellant contends that the damages were not proven properly in this inverse condemnation case. Due to the inconsistency between the trial judge's ruling on what was admissible on the issue of damages and the testimony which was subsequently admitted, this case is reversed and remanded on the issue of damages. See South Carolina Department of Highways and Public Transportation v. Cheston, 278 S.C. 464, 298 S.E.2d 447 (1982).

Appellant further contends that pursuant to S.C. Code Ann. §§ 5-27-120, 5-31-450 (1976) the City of Pendleton has exclusive liability in this matter. Appellant did not raise this defense in its pleadings, but chose to answer the complaint on its merits. We therefore decline to consider this issue on appeal.

Reversed and remanded.