Milton P. Demetre Family Limited Partnership v. Beckmann, Opinion No. 2009-UP-029 (S.C. App. 1/14/2009), Opinion No. 2009-UP-029.

• Court: Court of Appeals of South Carolina
• Parties: The Milton P. Demetre Family Limited Partnership, Plaintiff, v. Harry Beckmann, III, Patricia P. Beckmann, Annie Ruth Hilton Crowley, Raymond Moody Crowley, Donald William Crowley, Harris L. Crowley, Jr., and Annie Ruth Crowley Atkinson, Defendants. The Milton P. Demetre Family Limited Partnership, Plaintiff, v. City of Folly Beach, Defendant, and Emily S. Brown, Annie Ruth Hilton Crowley, Harry Beckmann, III, and Patricia P. Beckmann, Intervenors, of whom The Milton P. Demetre Family Limited Partnership is the Appellant, and City of Folly Beach, Emily S. Brown, Harry Beckmann, III, Patricia P. Beckmann, Annie Ruth Hilton Crowley, Raymond Moody Crowley, Donald William Crowley, Harris L. Crowley, Jr., and Annie Ruth Crowley Atkinson are the Respondents.
• Docket Number: Opinion No. 2009-UP-029.
• Decision Date: 14 January 2009

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The Milton P. Demetre Family Limited Partnership, Plaintiff,
v.
Harry Beckmann, III, Patricia P. Beckmann, Annie Ruth Hilton Crowley, Raymond Moody Crowley, Donald William Crowley, Harris L. Crowley, Jr., and Annie Ruth Crowley Atkinson, Defendants.
The Milton P. Demetre Family Limited Partnership, Plaintiff,
v.
City of Folly Beach, Defendant,
and Emily S. Brown, Annie Ruth Hilton Crowley, Harry Beckmann, III, and Patricia P. Beckmann, Intervenors,
of whom The Milton P. Demetre Family Limited Partnership is the Appellant,
and City of Folly Beach, Emily S. Brown, Harry Beckmann, III, Patricia P. Beckmann, Annie Ruth Hilton Crowley, Raymond Moody Crowley, Donald William Crowley, Harris L. Crowley, Jr., and Annie Ruth Crowley Atkinson are the Respondents. Opinion No. 2009-UP-029. Court of Appeals of South Carolina. Heard November 6, 2008. Filed January 14, 2009.

Appeal From Charleston County Mikell R. Scarborough, Master-in-Equity.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED

Richard D. Bybee and Stanley E. Barnett, of Mount Pleasant, John Hughes Cooper, of Sullivan's Island and Cain Denny, of Charleston, for Appellant.

Stephanie P. McDonald, O. Benjamin Peeples, Jr., and Joseph S. Mendelsohn, of Charleston and Richard L. Whitt and Jefferson D. Griffith, III, of Columbia, for Respondents.

PER CURIAM:

The Milton P. Demetre Family Limited Partnership (Demetre) appeals two orders of the master-in-equity. Demetre argues the master erred by determining the City of Folly Beach (Folly Beach) owned East Indian Avenue. Demetre also argues the master erred by dismissing his claims for declaratory judgment, decree to quiet title, and an injunction and damages for trespass and nuisance. We affirm in part, reverse in part, and remand.

FACTS

Most of the Island of Folly Beach, South Carolina was platted and subdivided by the Jefferson Construction Company in 1920, and recorded in the Charleston County Register of Mesne Conveyance (RMC) Office. Subsequently, in 1965 the 1920 plat was redrawn because of deterioration and in 1968 it was traced. The redraw added parcels to the 1920 plat; however, the tracing appears to be identical to the 1920 plat. All three plats share the same book and page number at the RMC Office.

Between 1921 and 1925, the Folly Beach Improvement Company (FBIC) acquired the entire island of Folly Beach and mortgaged its complete interest to C & S Bank. In 1937, the FBIC sold "all the streets, avenues, and/or lanes in and upon Folly Island" to the Board of Township Commission of Folly Island for the use of the public. In 1942, C & S Bank foreclosed on the mortgage and the land was bought by Edward Seabrook, Sr., at a public auction. The deed conveyed the island to Seabrook "[s]aving and excepting therefrom such lots and portions of land as have from time to time been conveyed to sundry parties by [FBIC] by deeds recorded in the RMC Office for Charleston County."¹

On May 30, 2002, Demetre purchased from Seabrook, Jr., a "portion of [East Indian Avenue] that is undeveloped and unpaved" bordering lots 201 to 205 for $10,000 by quitclaim deed (the Road).² Both the 1920 plat and the 1968 redraw show a portion of East Indian Avenue extending from lot 201 to the northwest corner of lot 205. Prior to purchasing the Road, Demetre's realtor stated he had a conversation with the Folly Beach mayor and city administrator in which they told him Folly Beach did not own the Road and suggested Demetre talk to Seabrook, Jr.³ Subsequently, Folly Beach asserted ownership of the Road. As a result, on December 6, 2002, Demetre brought an action against Folly Beach to quiet title in Road, which borders other property Demetre owns (the Road case). Emily Brown, who was allowed to intervene in the case, owns lot 204 on East Huron Avenue and has used the Road daily to access her property since January 30, 1986.

On January 23, 2004, Demetre bought two riverfront lots, 209 and 210, on East Indian Avenue from Seabrook, Jr., for $23,700 by quitclaim deed. The deed references the 1920 plat. Demetre's lots are shown on the 1965 redraw, but they do not appear on the 1920 plat or the Charleston County tax map. When Demetre purchased East Indian Avenue lots 209 and 210, two existing docks from East Huron Avenue lots 209 and 210 crossed over a portion of...