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2009-UP-147 - 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Unpublished Opinion No. 2009-UP-147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.