Baugus v. Wessinger, No. 23347

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtTOAL; GREGORY
Citation303 S.C. 412,401 S.E.2d 169
PartiesPhilip A. BAUGUS and Dianna T. Baugus, Respondents, v. Howard WESSINGER, Alma S. Wessinger, Mary Ester Wessinger, Freida W. Huffsteller, and Bobby Wessinger; of whom Howard Wessinger and Alma S. Wessinger are Appellants. and Susan S. CAMPBELL, Respondent, v. Howard WESSINGER, Alma S. Wessinger, Mary Ester Wessinger, Freida W. Huffsteller, and Bobby Wessinger; of whom Howard Wessinger and Alma S. Wessinger are Appellants. . Heard
Decision Date09 January 1991
Docket NumberNo. 23347

Page 169

401 S.E.2d 169
303 S.C. 412
Philip A. BAUGUS and Dianna T. Baugus, Respondents,
v.
Howard WESSINGER, Alma S. Wessinger, Mary Ester Wessinger,
Freida W. Huffsteller, and Bobby Wessinger; of
whom Howard Wessinger and Alma S.
Wessinger are Appellants.
and
Susan S. CAMPBELL, Respondent,
v.
Howard WESSINGER, Alma S. Wessinger, Mary Ester Wessinger,
Freida W. Huffsteller, and Bobby Wessinger; of
whom Howard Wessinger and Alma S.
Wessinger are Appellants.
No. 23347.
Supreme Court of South Carolina.
Heard Jan. 9, 1991.
Decided Feb. 11, 1991.

Page 170

[303 S.C. 413] Robert L. Hallman, Columbia, for appellants.

John E. Cheatham, Lexington, for respondents.

TOAL, Justice:

This appeal involves whether a portion of a roadway has been completely dedicated for public use, or whether a landowner is entitled to blockade the roadway portion as private property. The special referee in this case granted summary judgment in favor of the respondents, ruling that the roadway was completely dedicated. We reverse and remand.

FACTS

On June 1, 1962, J. Earl Wessinger (J. Wessinger) conveyed 5.34 acres of land on Lake Murray to James R. Goodman. A plat of the property was prepared following the transfer to Goodman and the land was subdivided and named V.I.P. Estates. A dirt road was constructed on request by Lexington County, pursuant to then-existing county policy of scraping roads on private property. Lots 7 through 20 were sold by Goodman with reference to this then unnamed road. It appears[303 S.C. 414] Goodman intended to have six additional lots on the westernmost part of the 5.34 acre tract, but for some reason instead chose to reconvey this triangle-shaped portion of the land to his grantor, J. Wessinger. The deed specifically reconveys the entire triangle and thereafter states the intention of the grantor to convey all right, title, and interest

Page 171

in the 5.34 acre piece of property with the exception of lots 7 through 20.

Shortly after the construction of the first roadway, which runs in a westerly direction from what is now known as Lake Tide Drive, the County of Lexington also constructed a dirt roadway running generally in a northerly direction, but curving in an easterly direction towards the first roadway. This second road emanates from what is now known as Shady Acres Drive. These two roadways stopped short of connection with one another; the second roadway terminating near the boundary line of the triangle-shaped property reconveyed to J. Wessinger. 1

The two roadways became one when they were connected by county maintenance crews to facilitate maintenance work on the roads, the connection serving to remove the necessity for bulldozer turnarounds. This single road for a time was referred to as Blackberry (or Lover's) Lane. Lexington County discontinued maintaining the entire roadway after a period of time pursuant to a new policy of ceasing to maintain any roadway not officially placed into the county system.

In 1964, J. Wessinger conveyed the triangle-shaped piece of property, along with other lands, to his son Howard Wessinger (H. Wessinger) and Howard's wife, Alma. After the joining of the roads by the county for maintenance purposes, H. Wessinger testified that he put up a barricade across the roadway running across his property, removing it for the county only when it was necessary for the county maintenance crews to make turnarounds. The barricade was allegedly put up for the purpose of discouraging vandals and partygoers who were using the roadway to get to Lake Murray.

Apparently Lexington County then discontinued maintaining the roadways with the exception that 1,475 feet of the roadway running from Lake Tide Drive westerly to H. [303 S.C. 415] Wessinger's eastern...

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42 practice notes
  • Moore v. Weinberg, No. 4209.
    • United States
    • Court of Appeals of South Carolina
    • February 20, 2007
    ...facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Baugus v. Wessinger, 303 S.C. 412, 401 S.E.2d 169 (1991); Nelson v. Charleston County Parks & Recreation Comm'n, 362 S.C. 1, 605 S.E.2d 744 (Ct.App.2004). When reasonable minds cann......
  • Singleton v. Sherer, No. 4346.
    • United States
    • Court of Appeals of South Carolina
    • February 25, 2008
    ...be denied. Montgomery v. CSX Transp., Inc., 376 S.C. 37, 656 S.E.2d 20 (2007) (Shearouse Adv. Sh. No. 1 at 11); Baugus v. Wessinger, 303 S.C. 412, 401 S.E.2d 169 (1991); Nelson v. Charleston County Parks & Recreation Comm'n, 362 S.C. 1, 605 S.E.2d 744 (Ct.App. 2004). When reasonable minds c......
  • Staubes v. City of Folly Beach, No. 2834.
    • United States
    • Court of Appeals of South Carolina
    • April 27, 1998
    ...is desirable to clarify the application of the law. Tupper v. Dorchester County, 326 S.C. 318, 487 S.E.2d 187 (1997); Baugus v. Wessinger, 303 S.C. 412, 401 S.E.2d 169 (1991). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn fro......
  • Hughes v. Oconee County, 2007-UP-461
    • United States
    • Court of Appeals of South Carolina
    • October 11, 2007
    ...facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Baugus v. Wessinger, 303 S.C. 412, 415, 401 S.E.2d 169, 171 (1991); Nelson v. Charleston County Parks & Recreation Comm'n, 362 S.C. 1, 5, 605 S.E.2d 744, 746 (Ct. App. 2004). When r......
  • Request a trial to view additional results
42 cases
  • Moore v. Weinberg, No. 4209.
    • United States
    • Court of Appeals of South Carolina
    • February 20, 2007
    ...facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Baugus v. Wessinger, 303 S.C. 412, 401 S.E.2d 169 (1991); Nelson v. Charleston County Parks & Recreation Comm'n, 362 S.C. 1, 605 S.E.2d 744 (Ct.App.2004). When reasonable minds cann......
  • Singleton v. Sherer, No. 4346.
    • United States
    • Court of Appeals of South Carolina
    • February 25, 2008
    ...be denied. Montgomery v. CSX Transp., Inc., 376 S.C. 37, 656 S.E.2d 20 (2007) (Shearouse Adv. Sh. No. 1 at 11); Baugus v. Wessinger, 303 S.C. 412, 401 S.E.2d 169 (1991); Nelson v. Charleston County Parks & Recreation Comm'n, 362 S.C. 1, 605 S.E.2d 744 (Ct.App. 2004). When reasonable minds c......
  • Staubes v. City of Folly Beach, No. 2834.
    • United States
    • Court of Appeals of South Carolina
    • April 27, 1998
    ...is desirable to clarify the application of the law. Tupper v. Dorchester County, 326 S.C. 318, 487 S.E.2d 187 (1997); Baugus v. Wessinger, 303 S.C. 412, 401 S.E.2d 169 (1991). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn fro......
  • Hughes v. Oconee County, 2007-UP-461
    • United States
    • Court of Appeals of South Carolina
    • October 11, 2007
    ...facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Baugus v. Wessinger, 303 S.C. 412, 415, 401 S.E.2d 169, 171 (1991); Nelson v. Charleston County Parks & Recreation Comm'n, 362 S.C. 1, 5, 605 S.E.2d 744, 746 (Ct. App. 2004). When r......
  • Request a trial to view additional results

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