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WHITE'S MILL COLONY INC. v. WILLIAMS

No. 3923.

363 S.C. 117 (2005)

609 S.E.2d 811

WHITE'S MILL COLONY, INC., Appellant/Respondent, v. Arthur WILLIAMS, Leonard Boseman, Jr., and Jerry Rouse, Respondents, and Leodel Mitchell, Jimmie Johnson, Leon Kelly, Lillian Davis and Richard Weeks, Respondents/Appellants.

Court of Appeals of South Carolina.

Decided January 18, 2005.

Attorney(s) appearing for the Case

Kenneth R. Young, Jr., of Sumter, for Appellant/Respondent.

Arthur Williams and Jerry Rouse, both of Sumter, and Leonard Boseman, of Prince George, for Respondents.

A.P. Weissenstein, Jr., and James David Weeks, both of Sumter, for Respondents/Appellants.

KITTREDGE, J.:

In this appeal, we are asked to determine whether an owner of subaqueous land is entitled to exclusive use of a non-navigable body of water created by the owner's predecessor in title as against other, abutting property owners. Addressing this and other questions below, the special referee enjoined abutting landowners from making any use of the privately owned body of water. We affirm this ruling to the extent White's Mill Colony, Inc. (the "Colony...

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