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View Tweet. Community Crime Map Find out if crime is happening in your community in real time on an interactive map. November 6, August 1, July 21, Inform Inform the general public on important information and provide a platform for transparency and accountability. Alert Alert the general public on crime in the area and provide important information on emergency situations. Located just off the square in downtown Darlington, this county agency holds all of the older county records, including probate records, equity records, deed books, etc.
Director Brian Gandy and his small but dedicated staff offer extraordinary service. Not indexed, but you can find images of the records I've indexed or transcribed, as well as others. Note that an item mis-catalogued as a Columbia, SC, hospital record is actually the start of the Darlington Medical Register:. These sales, however, were not consummated because Darlington County, which maintained the records for both County and City property, would not approve the deeds.
The County had placed these flags on the tax records for all Coker Farms property in an attempt to protect the NHL designation. The flags were not removed from Byrd's tax records until approximately three years after the City tract had been rezoned. In , Byrd sued the City and the County, in addition to several other defendants, for damages arising from Byrd's difficulties and delays in being able to commercially develop his Coker Farms properties.
The City, represented by the Insurer, 2 moved for summary judgment on all of Byrd's claims. By order dated February 22, , the circuit court granted the City's motion with respect to Byrd's takings and gross negligence claims. The court, however, denied the motion regarding Byrd's cause of action for inverse condemnation. On March 28, , the Insurer withdrew its defense of the City on the ground the remaining cause of action against the City for inverse condemnation was specifically excluded under the terms of the liability insurance policy the Insurer issued to the City.
Despite this protest, the Insurer denied its duty to defend but indicated that it would reconsider its position in the event Byrd was permitted to reinstate the negligence cause of action. After the Insurer withdrew its defense, the City retained its own counsel. Subsequently, the City filed a second motion for summary judgment with respect to Byrd's inverse condemnation claim.
However, with respect to any independent acts by the City of Hartsville Officials, the Court finds that Summary Judgment would be appropriate as to those allegations.
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Ultimately, on March 20, , the circuit court dismissed the City as a defendant in Byrd's lawsuit. Byrd, the Plaintiff, as it is claimed to have conspired with County employees. In its Motion for Reconsideration, [Byrd] contends that these actions by the City of Hartsville, working along side the County of Darlington, would be independent conduct by the City of Hartsville, constituting inverse condemnation. The Court, however, concludes that this would be evidence of a conspiracy and, thus, is in fact, a tort and not a contract and is, thus, barred by the aforementioned Statute.
Wills and Other Official Records: Probate Research - SC
As previously stated, the Court had already concluded in its Order of September 11, , which was unappealed, that there were no independent acts or conduct by the City of Hartsville which would support an inverse condemnation claim. Byrd appealed to the Court of Appeals. In Byrd v. City of Hartsville, 4 S. While Byrd's appeal was pending, the City filed this declaratory judgment action against the Insurer to recover all costs incurred by the City in defending against Byrd's lawsuit after the Insurer withdrew its defense.
In response, the Insurer denied liability to the City on the ground that all claims which remained against the City after the February 22, order, including the conspiracy claim, were not covered by the liability policy issued to the City. After a hearing, the circuit court ruled in favor of the City by order dated May 10, Based on these findings, the court concluded the Insurer was contractually bound to defend the City against all tort claims, including the conspiracy claim. The Insurer argues the circuit court erred in finding it had a continuing duty to defend the City after the cause of action for negligent misrepresentation was dismissed.
The Insurer claims its duty to defend terminated at this point because any remaining duty to defend the City was based on the specifically-excluded inverse condemnation claim. Richland County, S. A suit to determine coverage under an insurance policy is an action at law.
State Farm Mut. James, S. Questions of coverage and the duty of a liability insurance company to defend a claim brought against its insured are determined by the allegations of the complaint. Walters Constr. Fireman's Ins. If the underlying complaint creates a possibility of coverage under an insurance policy, the insurer is obligated to defend.
Gordon-Gallup Realtors, Inc. Cincinnati Ins.
An insurer's duty to defend is separate and distinct from its obligation to pay a judgment rendered against an insured. Sloan Constr.
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Nat'l Ins. However, these duties are interrelated. If the facts alleged in a complaint against an insured fail to bring a claim within policy coverage, an insurer has no duty to defend. Earnhardt Textile Mach. Accordingly, the allegations of the complaint determine the insurer's duty to defend.
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Instead, the duty to defend may also be determined by facts outside of the complaint that are known by the insurer. Clegg, S. Federated Mut. As its first argument, the Insurer contends it had no duty to defend the City regarding Byrd's cause of action for civil conspiracy because it was not specifically pled and, thus, did not invoke potential liability coverage.