The opinion of the court was delivered by
LOCKETT, J.:
Jasper R. Hays constructed a fence across Shoal Creek, in part to prevent canoeists and others from using that portion of the stream which flows through his land located in southeast Cherokee County. Christopher Y. Meek, the Cherokee County Attorney, filed a petition for declaratory judgment seeking to confirm the public's right to use Shoal Creek for recreational purposes. On June 11, 1988, the district...
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