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SMITH v. PHILLIPS

No. 24256.

458 S.E.2d 427 (1995)

Donald E. SMITH and Mary S. Mercer, Petitioners, v. Robert B. PHILLIPS, Andrew F. Phillips, and Opal B. Phillips, Respondents.

Supreme Court of South Carolina.

Decided June 12, 1995.

Attorney(s) appearing for the Case

Donald E. Smith and Mary S. Mercer, Charlotte, pro se.

Desa A. Ballard and L. Joel Chastain, of Ness, Motley, Loadholt, Richardson & Poole, Barnwell, for respondents.

PER CURIAM:

We granted certiorari to review the Court of Appeals' decision in Johnson v. Phillips, ___ S.C. ___, 433 S.E.2d 895 (Ct.App.1993).1 We affirm the holding that reinstates respondents' (Phillips') counterclaim, but reverse the Court of Appeals in so far as it ordered a new trial on petitioners' (Developer's) nuisance claims, and reversed the mandatory injunction. We remand for further...

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