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MARATHON FINANCE CO. v. HHC LIQUIDATION CORP.

No. 2625.

325 S.C. 589 (1997)

483 S.E.2d 757

MARATHON FINANCE COMPANY, a Delaware corporation, Respondent, v. HHC LIQUIDATION CORP., a Delaware corporation (f/k/a The Hilton Head Company, Inc.), Westin Hilton Head Limited Partnership, a Delaware limited partnership, Property Research Holdings, Inc., a South Carolina corporation, and Town of Hilton Head Island, a South Carolina municipality and body politic, Defendants, of whom Westin Hilton Head Limited Partnership is Appellant.

Court of Appeals of South Carolina.

Decided January 27, 1997.

Rehearing Denied April 24, 1997.

Attorney(s) appearing for the Case

John C. Bruton, Jr., Benton D. Williamson, and Deborah P. Morgan, all of Sinkler & Boyd, Columbia, for appellant.

G. Richardson Wieters, of Hilton Head Island; and Stephen A. Spitz, Columbia, for respondent.

GOOLSBY, Judge:

This is an appeal from an action by Marathon Finance Corporation seeking a declaration that certain restrictive covenants and deed restrictions no longer encumbered a tract of its land on Hilton Head Island known as the Barony Tract. The trial court declared the covenants and deed restrictions to be extinguished, null, void, and of no force or effect whatsoever and further ordered the Register for Mesne Conveyances of Beaufort County to note their...

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