BUTLER v. SEA PINES PLANTATION CO.

0197

282 S.C. 113 (1984)

317 S.E.2d 464

Wallace E. BUTLER, Jr., Appellant, v. SEA PINES PLANTATION COMPANY, Sea Pines Company, The Seabrook of Hilton Head, Inc., Sea Pines Montessori School, Inc., Plantation Cablevision, Inc., Sea Cabin Corporation, R.P. Crum, R.S. Crum, Virginia H. Crum, D.P. Schrader, D.L. Schrader, Roberta Nissi, as Trustee, Molly Kagen, Carl J. Kaimer, William Hunter, Sally Hunter, I. William Littell, and Teacor, Inc., d/b/a C and S Investment South, and Robert L. Kosnoski, Gerald Kosnoski, Carrol D. Simplins, Hulette C. Smith, Joseph B. Fraser, Jr., Piney Coking Coal Land Company, McCreery Coal Land Co., and Edward M. Payne, III, d/b/a Hilton Head Land Associates, and Les Austin and Sea Pines Plantation Co., Inc., d/b/a Austin Development Associates, and William B. Sherer, Jr., Roger Cawley, Evonne G. Cawley, and Opal S. Duke, d/b/a Goolagong's, Defendants, of whom Sea Pines Plantation Company, Sea Pines Company, The Seabrook of Hilton Head, Inc., Sea Pines Montessori School, Inc., Outdoor Recreation Services, Inc., and Les Austin and Sea Pines Plantation Co., Inc., d/b/a Austin Development Associates, are the remaining, Respondents.

Court of Appeals of South Carolina.

Decided June 11, 1984.


Attorney(s) appearing for the Case

McKay & Mullen, Hilton Head Island, for appellant.

Charles A. Scarminach, Hilton Head Island, Boyd, Knowlton, Tate & Finlay and James B. Richardson of Ham & Richardson, Columbia, Dowling, Sanders, Dukes, Novit & Svalina, Beaufort, for respondents.


Heard February 22, 1984.

Decided June 11, 1984.

SANDERS, Chief Judge:

Appellant Wallace E. Butler, Jr., sued to enjoin the development of a track of land on Hilton Head Island, South Carolina. Respondent Sea Pines Plantation Company holds title to a portion of the tract. Respondent Sea Pines Company owns the common stock of Sea Pines Plantation Company. The remaining respondents each own other portions of the tract. The trial judge dismissed the action...

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