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SIAU v. KASSEL

No. 4133.

369 S.C. 631 (2006)

632 S.E.2d 888

Patrick M. SIAU and Nancy S. Siau, as Co-Trustees of the Siau Qualified Personal Residence Trust Dated January 25, 2002, Raymond A. Pendleton and Jean C. Pendleton, Respondents, v. Kal KASSEL, Millard Dozier and Robert M. Rogerson, Defendants and Third Party Plaintiffs, of whom Kal Kassel is Appellant, v. Hagley Estates Property Owners Association, The County of Georgetown and the State of South Carolina, Respondents.

Court of Appeals of South Carolina.

Decided July 3, 2006.

Attorney(s) appearing for the Case

Robert J. Moran, of Murrells Inlet, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy General Salley W. Elliott and Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia; Charles T. Smith, of Georgetown; Ed Kelaher and Sid Connor, both of Surfside Beach; Jack M. Scoville and Joe Michael Crosby, both of Georgetown; Linda Weeks Gangi, of Conway, for Respondents.

SHORT, J.:

Kal Kassel appeals from a decision restraining and enjoining him from building any permanent structure within thirty feet of his rear property line and ordering him to remove all permanent structures currently located within thirty feet of his rear property line. Kassel contends the trial court erred in determining ownership of land through the "Public Trust Doctrine," balancing the equities, and failing to determine...

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