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LOVERING v. SEABROOK ISLAND PROP. OWNERS ASSOC.

0712

289 S.C. 77 (1986)

344 S.E.2d 862

Richard S. LOVERING and Errol Lovering, on behalf of themselves and all other similarly situated property owners in the Seabrook Island Development in the County of Charleston, State of South Carolina, Appellants v. SEABROOK ISLAND PROPERTY OWNERS ASSOCIATION, Respondent. E.C.M. WALLER and Adelaide Waller, on behalf of themselves and all other similarly situated property owners in the Seabrook Island Development in the County of Charleston, State of South Carolina, Appellants v. SEABROOK ISLAND COMPANY, and Seabrook Island Property Owners Association, Respondents.

Court of Appeals of South Carolina.

Decided May 12, 1986.

Attorney(s) appearing for the Case

J. Randolph Pelzer, of Pelzer & Chard, P.A., Charleston, for appellants.

Robert H. Hood and Alexander M. Bullock, of Robert H. Hood & Associates, Charleston, for respondent Seabrook Island Co.

W. Foster Gaillard, of Fishburne & Gaillard, and Gedney M. Howe, III, Charleston, for respondent Seabrook Island Property Owners Ass'n.

Heard Feb. 18, 1986.

Decided May 12, 1986.

BELL, Judge:

Richard and Errol Lovering and E.C.M. and Adelaide Waller commenced these class actions to challenge the validity of a special assessment imposed on owners of property at Seabrook Island by the Seabrook Island Property Owners Association. The Loverings have refused to pay the special assessment. The Wallers paid the assessment under protest and seek a refund. The Wallers sued both the Association...

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