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XANADU HORIZONTAL PROPERTY REGIME v. OCEAN WALK HORIZONTAL PROPERTY REGIME

1705

306 S.C. 170 (1991)

410 S.E.2d 500

XANADU HORIZONTAL PROPERTY REGIME, Appellant v. OCEAN WALK HORIZONTAL PROPERTY REGIME, JHP Hotel Corporation and Cleckley & McGee, Inc., Respondents.

Court of Appeals of South Carolina.

Decided October 4, 1991.

Attorney(s) appearing for the Case

Warren C. Powell, Jr., of Bruner & Powell, and Clayton Walker, Jr., of Belser, Baker, Barwick, Ravenel & Bender, Columbia, for appellant.

William C. Clark, of Black & Biel, and Drew A. Laughlin, of McNair Law Firm, Hilton Head Island, for respondents.

Heard Sept. 11, 1991.

Decided Oct. 4, 1991.

GOOLSBY, Judge:

Xanadu Horizontal Property Regime sought to enjoin Ocean Walk Horizontal Property Regime, JHP Hotel Corporation, and Cleckley and McGee, Inc., from constructing parking spaces on property subject to a non-exclusive easement of ingress and egress owned by Xanadu. The trial judge denied Xanadu injunctive relief. Xanadu appeals. We reverse and remand.

In 1979, Third Financial Services...

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