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HARDY v. AIKEN

No. 26130.

369 S.C. 160 (2006)

631 S.E.2d 539

Dale A. HARDY, Lawrence J. Kukulski, Patricia A. Kukulski, and Grace G. Stegall, Respondents, v. Millicent O. AIKEN, William R. Aiken, Virginia N. Baillie, Mary R. Ballenger, Richard C. Ballenger, Deane Fant Camak, Joseph Boyd Camak, Nancy L. Hearn, Rozlyn S. Hood, William C. Hood, Yvonne R. Jeffcoat, Rajeev Malik, Mary Alice N. Terry, and Ellen L. Ware, Defendants, Of whom Yvonne R. Jeffcoat is the, Appellant.

Supreme Court of South Carolina.

Decided June 12, 2006.

Attorney(s) appearing for the Case

James B. Richardson, Jr., of Richardson & Birdsong, of Columbia; and Samuel F. Albergotti, of Jones, Spitz, Moorhead, Baird & Albergotti, P.A., of Anderson, for Appellant.

Harold P. Threlkeld, of Anderson, for Respondents.

Acting Justice HAYES:

The special referee found the duration of the restrictive covenants on the parties' property could not be extended by amendment and expired January 14, 2005. This case was certified for review pursuant to Rule 204(b), SCACR, and we now affirm.

FACTUAL/PROCEDURAL BACKGROUND

In 1971, J. Donald King, Sr. subdivided a tract of land adjacent to Highway 81 into ten separate parcels—referred to as Lots 1-8 and Tracts A and B...

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