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CEDAR COVE HOMEOWNERS ASS'N v. DIPIETRO

No. 4092.

368 S.C. 254 (2006)

628 S.E.2d 284

CEDAR COVE HOMEOWNERS ASSOCIATION, INC., Respondent, v. Rudy DiPIETRO and Margaret L. DiPietro, Appellants.

Court of Appeals of South Carolina.

Decided March 13, 2006.

Rehearing Denied April 20, 2006.

Attorney(s) appearing for the Case

Rolf Mouin Baghdady, of Chapin, for Appellants.

Spencer Andrew Syrett, of Columbia, for Respondent.

KITTREDGE, J.:

This appeal concerns the construction of restrictive covenants. Rudy and Margaret DiPietro are residents of the Cedar Cove subdivision in Richland County, South Carolina. The Cedar Cove Homeowners' Association (the Association) sought and obtained an injunction requiring the DiPietros to remove a brick patio that encroached approximately three feet onto the common area of the subdivision. The DiPietros appeal, and we reverse. We find the Declaration...

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