Petitioners claim (South Carolina) · Go Syfert
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Petitioners claim in South Carolina

13 South Carolina opinions name it 1 courts 1990–2025 2 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Yarbrough v. Collinsgreen
scctapp · 1990 · cited in 4 South Carolina opinions naming this issue, 2010–2010
2 sentences

2010See Yarbrough, 301 S.C. at 341-42 , 391 S.E.2d at 875 (concluding property claimant’s action to quiet title brought seven years after title clearance action was barred by section 15-67-90 but implicitly recognizing that extrinsic fraud, if proven, could operate to preclude application of the three-year statute of limitations). 8 *370 In view of our conclusion, the question becomes whether Petitioners’ submission of the affidavits is sufficient to withstand Respondent’s motion for summary judgment based on Petitioners’ claim of extrinsic fraud.

2010See Yarbrough, 301 S.C. at 341-42 , 391 S.E.2d at 875 (concluding property claimant’s action to quiet title brought seven years after title clearance action was barred by section 15-67-90 but implicitly recognizing that extrinsic fraud, if proven, could operate to preclude application of the three-year statute of limitations). 8 *370 In view of our conclusion, the question becomes whether Petitioners’ submission of the affidavits is sufficient to withstand Respondent’s motion for summary judgment based on Petitioners’ claim of extrinsic fraud.

44
Hagy v. Pruittgreen
sc · 2000 · cited in 4 South Carolina opinions naming this issue, 2010–2010
2 sentences

2010See Yarbrough, 301 S.C. at 341-42 , 391 S.E.2d at 875 (concluding property claimant’s action to quiet title brought seven years after title clearance action was barred by section 15-67-90 but implicitly recognizing that extrinsic fraud, if proven, could operate to preclude application of the three-year statute of limitations). 8 In view of our conclusion, the question becomes whether Petitioners’ submission of the affidavits is sufficient to withstand Respondent’s motion for summary judgment based on Petitioners’ claim of extrinsic fraud. *655 “A judgment may be set aside on the ground of frau

2010See Yarbrough, 301 S.C. at 341-42 , 391 S.E.2d at 875 (concluding property claimant’s action to quiet title brought seven years after title clearance action was barred by section 15-67-90 but implicitly recognizing that extrinsic fraud, if proven, could operate to preclude application of the three-year statute of limitations). 8 In view of our conclusion, the question becomes whether Petitioners’ submission of the affidavits is sufficient to withstand Respondent’s motion for summary judgment based on Petitioners’ claim of extrinsic fraud. *655 “A judgment may be set aside on the ground of frau

14
Mid-State Distributors, Inc. v. Century Importers, Inc.green
sc · 1993 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

2025See Edwards v. SunCom, 369 S.C. 91, 94 , 631 S.E.2d 529, 530 (2006) ("Orders affecting a substantial right 'discontinue an action, prevent an appeal, grant or refuse a new trial, or strike out an action or defense'" and are immediately appealable (quoting Mid-State Distribs., Inc., 310 S.C. at 335 n.4, 426 S.E.2d at 780 n.4)).

2025See Edwards v. SunCom, 369 S.C. 91, 94 , 631 S.E.2d 529, 530 (2006) ("Orders affecting a substantial right 'discontinue an action, prevent an appeal, grant or refuse a new trial, or strike out an action or defense'" and are immediately appealable (quoting Mid-State Distribs., Inc., 310 S.C. at 335 n.4, 426 S.E.2d at 780 n.4)).

11
Edwards v. SunComgreen
sc · 2006 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

2025See Edwards v. SunCom, 369 S.C. 91, 94 , 631 S.E.2d 529, 530 (2006) ("Orders affecting a substantial right 'discontinue an action, prevent an appeal, grant or refuse a new trial, or strike out an action or defense'" and are immediately appealable (quoting Mid-State Distribs., Inc., 310 S.C. at 335 n.4, 426 S.E.2d at 780 n.4)).

2025See Edwards v. SunCom, 369 S.C. 91, 94 , 631 S.E.2d 529, 530 (2006) ("Orders affecting a substantial right 'discontinue an action, prevent an appeal, grant or refuse a new trial, or strike out an action or defense'" and are immediately appealable (quoting Mid-State Distribs., Inc., 310 S.C. at 335 n.4, 426 S.E.2d at 780 n.4)).

11
Quinn v. Board of County Commissioners for Queen Anne's Countygreen
ca4 · 2017 · cited in 1 South Carolina opinions naming this issue, 2023–2023
1 sentence

2023Finally, the [character of the] governmental action [(i.e., the merger ordinance)] was a reasonable land-use regulation, enacted as part of a coordinated federal, state, and local effort to preserve the river and surrounding land. 137 S. Ct. at 1947–48, 1949–50 (internal citations omitted); see also Quinn, 862 F.3d at 441, 443, 445 (reaching a similar holding for similar reasons: "Local governments require flexibility to expand services like sewer in response to community needs; those governments also must be able to control the density of development in order to prevent overcrowding in school

11
Jackson v. Speedgreen
sc · 1997 · cited in 1 South Carolina opinions naming this issue, 2014–2014
2 sentences

2014See 11A Eugene McQuillin, The Law of Municipal Corporations § 32:116 (3d ed. 2000 & Supp.2014) (“In awarding attorney’s fees in eminent domain proceedings, it is the reasonableness of the fee, and not the arrangement the attorney and his or her client may have agreed upon, which is controlling.” (footnote omitted)); Jackson, 326 S.C. at 308 , 486 S.E.2d at 759 (“When determining the reasonableness of attorney’s fees under a statute mandating the award of attorney fees, the contract between the client and his counsel does not control the determination of a reasonable hourly rate.”).

2014See 11A Eugene McQuillin, The Law of Municipal Corporations § 32:116 (3d ed. 2000 & Supp.2014) (“In awarding attorney’s fees in eminent domain proceedings, it is the reasonableness of the fee, and not the arrangement the attorney and his or her client may have agreed upon, which is controlling.” (footnote omitted)); Jackson, 326 S.C. at 308 , 486 S.E.2d at 759 (“When determining the reasonableness of attorney’s fees under a statute mandating the award of attorney fees, the contract between the client and his counsel does not control the determination of a reasonable hourly rate.”).

11
Futch v. McAllister Towing of Georgetown, Inc.green
sc · 1999 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

2013See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (holding an appellate court need not address remaining issues when resolution of a prior issue is dispositive).

2013See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (holding an appellate court need not address remaining issues when resolution of a prior issue is dispositive).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
American Petroleum Institute v. South Carolina Department of Revenue green
sc · 2009
2 sentences

2017Dep’t of Revenue, 382 S.C. 572 , 677 S.E.2d 16 (2009) (accepting matter in original jurisdiction to address Petitioners' claim that Act at issue violated the "one subject” provision of the South Carolina Constitution), holding modified by S.C.

2017Dep’t of Revenue, 382 S.C. 572 , 677 S.E.2d 16 (2009) (accepting matter in original jurisdiction to address Petitioners' claim that Act at issue violated the "one subject” provision of the South Carolina Constitution), holding modified by S.C.

22017–2017
Murr v. Wisconsin green
scotus · 2017
1 sentence

2023Finally, the [character of the] governmental action [(i.e., the merger ordinance)] was a reasonable land-use regulation, enacted as part of a coordinated federal, state, and local effort to preserve the river and surrounding land. 137 S. Ct. at 1947–48, 1949–50 (internal citations omitted); see also Quinn, 862 F.3d at 441, 443, 445 (reaching a similar holding for similar reasons: "Local governments require flexibility to expand services like sewer in response to community needs; those governments also must be able to control the density of development in order to prevent overcrowding in school

12023–2023
Drummond v. STATE, DEPT. OF REVENUE green
sc · 2008
2 sentences

2017Nevertheless, relying on this Court's decision in Drummond v. State, 378 S.C. 362 , 662 S.E.2d 587 (2008),5 the circuit court granted Petitioners' motion to strike the class action 4 Section 12-60-60 states: An action of a court or an administrative law judge cannot stay or prevent the department or an officer of the State charged with a duty in the collection of taxes, from acting to collect a tax, whether or not the tax is legally due.

2017Nevertheless, relying on this Court's decision in Drummond v. State, 378 S.C. 362 , 662 S.E.2d 587 (2008),5 the circuit court granted Petitioners' motion to strike the class action 4 Section 12-60-60 states: An action of a court or an administrative law judge cannot stay or prevent the department or an officer of the State charged with a duty in the collection of taxes, from acting to collect a tax, whether or not the tax is legally due.

12017–2017
Keyserling v. Beasley green
sc · 1996
1 sentence

2016Respondent Lucas relies on language from Keyserling which “rejects Petitioners’ claim that we should read the provisions of Section 79 in isolation, requiring each provision to relate directly to appropriations.” Id. at 88, 470 S.E.2d at 103 . (emphasis supplied).

12016–2016
Timmons v. McCutcheon green
scctapp · 1984
1 sentence

1990Timmons v. McCutcheon, 284 S. C. 4, 324 S. E. (2d) 319 (Ct. App. 1984).

11990–1990

Statutes the citing opinions construe

SC § S.C. Code Ann. § 15-67-40 (4) SC § S.C. Code Ann. § 15-67-90 (4) SC § S.C. Code Ann. § 30-7-10 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 115 (1880–2024) PA 53 (1945–2026) CA 41 (1939–2025) WV 33 (2002–2025) FL 28 (1957–2023) MD 25 (1972–2022) NM 20 (2003–2025) CO 18 (1979–2018) IL 18 (1941–2021) SC 13 (1990–2025) OR 12 (1894–2025) WA 11 (1977–2021) HI 11 (1910–2026) AL 10 (1980–2016) MA 9 (1903–2018) UT 9 (1926–2022) TN 9 (1920–2019) DE 9 (2017–2021) AZ 8 (1986–2026) OK 7 (1931–2023) GA 7 (1939–2022) TX 7 (1961–2015) DC 7 (1979–2018) ME 7 (2002–2026) VT 6 (1895–2001) NC 6 (2007–2025) KY 6 (1936–2022) WI 6 (1962–2021) ND 5 (2007–2024) CT 5 (1857–2002) VA 5 (1861–2014) NH 5 (1998–2018) MI 4 (1904–2015) MT 4 (1983–2014) OH 4 (1936–2008) RI 4 (1965–2006) ID 4 (1910–2024) IN 3 (1992–2015) KS 3 (1969–2009) MN 2 (1965–1975) AR 2 (1976–1988) NJ 2 (1934–2001) MS 2 (2009–2011) MO 2 (1985–1986) LA 2 (1918–1954)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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