City of Greenville v. Bozeman

• Decision Date: 15 June 1970
• Docket Number: No. 19066,19066
• Citation: 254 S.C. 306,175 S.E.2d 211
• Court: South Carolina Supreme Court
• Parties: CITY OF GREENVILLE, South Carolina, and The Peoples National Bank, Greenville, South Carolina, Plaintiffs-Respondents, v. Bill B. BOZEMAN, individually and as Trustee et al., Defendants-Appellants.

Page 211

175 S.E.2d 211

254 S.C. 306

CITY OF GREENVILLE, South Carolina, and The Peoples National Bank, Greenville, South Carolina, Plaintiffs-Respondents, v. Bill B. BOZEMAN, individually and as Trustee et al Defendants-Appellants.

No. 19066.

Supreme Court of South Carolina.

June 15, 1970.

Pyle & Pyle, Jack L. Bloom, Greenville, for appellants.

W. H. Arnold, Leatherwood, Walker, Todd & Mann, Greenville, for respondents.

PER CURIAM.

The appeal in this action for declaratory judgment challenges the conclusion of the circuit court that the action taken by the City of Greenville to close portions of certain streets in the city is lawful and effective, and challenges the court's conclusion that title to the land in that portion of Laurens Street being vacated (the western one-half thereof) shall vest exclusively in the property owners abutting on the western side of the street. After careful consideration of the entire record in the light of the briefs and argument of counsel, we are satisfied that these issues were correctly decided by the circuit court. Let the order appealed from be printed as the judgment of the court.

The Order of Judge EPPES follows:

This action was instituted by the Plaintiffs, the City of Greenville, South Carolina, hereinafter sometimes referred to as the City, and The Peoples National Bank, Greenville, South Carolina, hereinafter sometimes referred to as the Bank, seeking a declaratory judgment with respect to an agreement entered into on August 19, 1969, between the City and the Bank, which agreement provides for the redevelopment of a certain three block area in downtown Greenville, including the closing of portions of certain public streets. The plaintiffs in this action are also seeking a declaration concerning the validity of the closing of the streets and the rights of the various abutting property owners thereon.

The parties named as Defendants, with the exception of the Defendant, Milton Trotter, are the persons who own or owned interests in property either within the project area or abutting on a street within the project area at the time of the commencement of this action and the filing of the Notice of Pendency of Action. The Defendant, Milton Trotter, owns property not contiguous to the property area and has been named as a party, individually and as representing the class of other non-contiguous property owners. It appears from the acceptances and affidavits of service and publication, and I so find, that all of the Defendants have been properly served and made parties to this action. A substantial number of the Defendants are represented by attorneys who have filed answers in their behalf. All of the minor Defendants and all Defendants under any other legal disability who did not individually secure the appointment of guardian ad litem are represented by Jack Bloom, Esquire, an experienced and competent member of the Greenville Bar, who was duly and properly appointed as their guardian ad litem.

A hearing was held before me on December 18, 1969, attended by counsel of record and by the guardian ad litem, at which time the parties presented testimony and other evidence in support of their respective positions. There also was presented certain stipulations by the parties which are hereinafter referred to in more detail.

After due consideration of the pleadings, the testimony and the other evidence, I find that this is a proper action for a declaratory judgment under the 'Uniform Declaratory Judgment Act', Chapter 24, Title 10, of the South Carolina Code of Laws (1962). I also find that this Court has jurisdiction over the subject matters and over all of the Defendants herein named.

It is quite apparent from the testimony and the evidence that the agreement between the City and the Bank was entered into after very extensive and thorough investigations and studies on the part of both parties. The agreement has been identified and offered in evidence. Briefly, it provides for the redevelopment of a three block area in downtown Greenville (said area being bounded generally on the north by the south right-of-way line of West North Street, on the south by the north right-of-way line of West Washington Street; on the west by the west right-of-way line of Richardson Street; on the east by the center line of North Laurens Street), including the area of the rights-of-way of Buncombe Street and Coffee Street between Richardson Street and the center line of North Laurens Street, and the area of the rights-of-way of Buncombe Street and Coffee Street between the center line of North Laurens Street and the west right-of-way line of North Main Street.

The principal components of the project include (a) the construction by the City of an offstreet parking facility having a capacity for approximately 700 vehicles, which parking facility will be located on land to be acquired by the City and will involve the vacation of Buncombe Street between Richardson Street and Laurens Street; (b) the construction by the Bank of a high-rise bank-office building which will be located immediately south of the City's off-street parking facility on land owned or leased by private enterprise as well as on the vacated portion of Coffee Street between richardson Street and Laurens Street; (c) the construction by the Bank of a parking structure which will accommodate approximately 275 vehicles and will provide a number of retail shop facilities, this structure to be located on property owned or leased by private enterprise; (d) the acquisition by the City of an additional right-of-way along the east side of North Richardson Street for the widening and reconstruction of North Richardson Street from West Washington Street to West North Street, the portion of said additional right-of-way from Washington Street to Coffee Street to be furnished by said Bank; (e) the vacation of the Western one-half of North Laurens Street from West Washington Street to West North Street and the development of the remaining Eastern one-half of North Laurens Street as a limited right-of-way for emergency and service vehicles to the abutting structures; and (f) the development of that portion of West Coffee Street and Buncombe Street between the Eastern right-of-way of North Laurens Street and the Western right-of-way of North Main Street as a pedestrian mall or esplanade, retaining the public right-of-way primarily for pedestrian use, except for service vehicles and usage by emergency vehicles. It appears from the record without contradiction and I find that the plan accords in all respects with the plans and recommendations of the various professional municipal planning consultants employed by the City of Greenville, the Greenville County Planning Commission and the Total Development Committee of the Greater Greenville Chamber of Commerce, all of which plans and recommendations pertain to the total development of the City of Greenville.

I find that the City entered into the agreement after a full public hearing and after due consideration of all surrounding facts and circumstances based upon the findings set forth in resolutions of the Greenville City Council adopted at a special meeting held on August 19, 1969. The Court does not feel that it is necessary to set forth in detail herein all of the findings made by the City Council with respect to the agreement between the Bank and the City, but the Court feels that the following excerpt from the resolutions adequately sums up these findings:

* * * it is the finding of City Council, pursuant to thorough and detailed investigation and deliberation and after a full public hearing, that the undertaking and completion of the proposed project by the City, in cooperation with the Peoples National Bank, is necessary in the public interest to improve and strengthen downtown economy, to provide necessary downtown traffic flow and circulation and to provide needed office and retail shop facilities, that this proposed project will also provide greater tax revenues for the City of Greenville, all of which will greatly improve the general welfare of the surrounding area and will be for the improvement and convenience of the entire City, all in accordance with the plans and recommendations heretofore submitted by Hammer, Siler and Greene Associates, Professional Municipal Planning Consultants, and adopted by the Mayor and City Council of the City, the Greenville County Planning Commission, the Total Development Committee of Greater Greenville Chamber of Commerce, and the State Highway Commission in the Greenville Area Transportation Plan (GRATS).

It is the opinion of the Court that the findings made by the City Council with respect to the necessity, desirability and feasibility of the proposed project are amply supported by the affirmative, clear and uncontradicted evidence in this case.

The Court also finds that after the City and the Bank entered into the agreement and in accordance therewith, the City Council took the necessary action to provide for the closing and vacating of those portions of the public streets involved in the project. The evidence indicates that in this regard the City Council on August 19, 1969, adopted the following resolutions.

And be it further Resolved that the Greenville City Council, after a full public hearing and after due consideration of all surrounding facts and circumstances, and in accordance with the studies and recommendations of its professional consultant Harland Bartholomew and Associates, finds, for the reasons set forth above, that it will be to the best interest of the entirte City and that it will be necessary for the convenience and improvement of the City of Greenville to close and vacate certain portions of the public streets pursuant to the terms and provisions of the aforesaid project agreement betweent he City of Greenville and The Peoples National Bank and the Greenville City Council, by authority granted under ...