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PENNY CREEK v. FENWICK TARRAGON APTS.

No. 4293.

375 S.C. 267 (2007)

651 S.E.2d 617

PENNY CREEK ASSOCIATES, LLC, Appellant, v. FENWICK TARRAGON APARTMENTS, LLC and Trademark Properties, Inc., Respondents.

Court of Appeals of South Carolina.

Decided September 18, 2007.

Attorney(s) appearing for the Case

George Hamlin O'Kelley, III, of Mt. Pleasant, for Appellant.

Steven P. Groves, Sr., Neil C. Robinson; and Jeffrey S. Tibbals, all of Charleston, for Respondents.

BEATTY, J.

In this declaratory judgment action to determine the parties' rights under a declaration of covenants and restrictions, Penny Creek Associates appeals the master-in-equity's order granting summary judgment to Fenwick Tarragon Apartments and Trademark Properties (collectively, "Fenwick Tarragon"). Penny Creek argues the master erred in determining Fenwick Tarragon's conversion of apartments into condominiums did...

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