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HARBISON COMMUNITY ASS'N, INC. v. MUELLER

No. 2346.

459 S.E.2d 860 (1995)

HARBISON COMMUNITY ASSOCIATION, INC., Appellant, v. George and Jane MUELLER, Respondents.

Court of Appeals of South Carolina.

Decided May 30, 1995.

Rehearing Denied August 17, 1995.

Attorney(s) appearing for the Case

Edward M. Woodward, Jr., and Richard M. Unger, Woodward, Leventis, Unger, Daves, Herndon & Cothran; and Mary L. Bryan, Columbia, for appellant.

S. Jahue Moore and J. Mark Taylor, Kirkland, Wilson, Moore, Allen, Deneen & Taylor, West Columbia, for respondents.

Amici Curiae: James C. Harrison, Jr., Kenneth E. Ormand, Jr., and Mary P. Connell, on behalf of Home Builders Association of Greater Columbia; Roddy M. Jordan and Stephen A. Spitz, on behalf of Palmetto Land Title Association, Columbia.

HOWARD, Judge.

This is an action for collection of assessments on property owned by the respondents, George and Jane Mueller. The magistrate entered judgment for the appellant, Harbison Community Association, Inc. (the Association). On appeal, the circuit court reversed the magistrate's order, finding that the covenant to pay assessments was personal and did not run with the land, and thereby precluded the Association from collecting the assessments. The Association...

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