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BUFFINGTON v. T.O.E. ENTERPRISES

No. 26685.

383 S.C. 388 (2009)

680 S.E.2d 289

Ken BUFFINGTON, Louis Shepard, Mary E. Williams, Brian Meece and Shirley Jones, Respondents, v. T.O.E. ENTERPRISES, A South Carolina General Partnership and T.O.E. Residential, LLC, Petitioners.

Supreme Court of South Carolina.

Decided July 13, 2009.

Attorney(s) appearing for the Case

W. Grady Jordan, of Olson, Smith, Jordan & Cox, of Easley, for Petitioners.

J.J. Wilkes, of Greenville, for Respondents.

Chief Justice TOAL:

Respondents filed an action seeking a declaratory judgment that in using their land for commercial purposes, Petitioners were acting in violation of the restrictive covenants. The trial court found that Petitioners were in violation of the covenants and issued an injunction prohibiting Petitioners from using two lots for commercial purposes. The court of appeals affirmed, Buffington v. T.O.E. Enters., Op. No.2007-UP-252 (S.C. Ct.App. filed...

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