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JOHNSON v. PHILLIPS

No. 2028.

433 S.E.2d 895 (1993)

R. Keith JOHNSON, Trustee, Respondent, v. Robert B. PHILLIPS, Andrew F. Phillips, and Opal B. Phillips, Appellants.

Court of Appeals of South Carolina.

Decided June 7, 1993.

Rehearing Denied August 11, 1993.

Attorney(s) appearing for the Case

Desa A. Ballard, of Ness, Motley, Loadholt, Richardson & Poole, Barnwell, for appellants.

Stephen R. McCrae, Jr., of Kennedy, Covington, Lobdell & Hickman, Rock Hill, for respondent.

BELL, Judge:

This is a dispute between adjacent landowners over the diversion of surface water caused by the development of a residential subdivision. Donald E. Smith and Mary S. Mercer,1 tenants in common of a tract of land in the City of Rock Hill known as the Royal Oaks Subdivision, sued Robert B. Phillips, Andrew F. Phillips, and Opal B. Phillips, tenants in common of the tract bordering Royal Oaks on the south. The complaint alleged...

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