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CIRCLE SQUARE CO. v. ATLANTIS DEVELOPMENT CO.

20273

267 S.C. 618 (1976)

230 S.E.2d 704

CIRCLE SQUARE COMPANY and Lois H. Richardson, Appellants, v. ATLANTIS DEVELOPMENT COMPANY and Alton E. Jones, Individually and as partners comprising Atlantis Ventures, and Atlantis Ventures, Respondents.

Supreme Court of South Carolina.

August 18, 1976.

Attorney(s) appearing for the Case

Messrs. J. Fred Buzhardt, Jr, and William W. Jones, Jr., of Dowling, Dowling, Sanders & Dukes, Hilton Head Island, for Appellants.

Messrs. Eugene F. Rogers, of Rogers, McDonald, McKenzie and Fuller, Columbia, and Randolph Murdaugh, III, of Murdaugh, Peters and Murdaugh, Hampton, for Respondents.

August 18, 1976.

GREGORY, Justice:

This is an action in equity commenced on or about August 5, 1975, in the Court of Common Pleas for Beaufort County, seeking permanently to enjoin the construction of a shopping area by respondents on property subject to restrictive covenants running with the land. The lower court denied relief. We reverse.

In 1956, The Hilton Head Company was the owner of what is now generally...

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