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TUPPER v. DORCHESTER COUNTY

No. 24643.

326 S.C. 318 (1997)

487 S.E.2d 187

John M. TUPPER, George L. Tupper, Elias Tupper and Tupper's Joint Properties, Respondents/Appellants, v. DORCHESTER COUNTY (Dorchester County Council), Patsy Knight, Dorchester County Treasurer, Joan Owen, Dorchester County Tax Collector, The Town of Summerville, John H. Walters, Sr., Francis C. Suggs, Corey Pointe Partners, A South Carolina Partnership, and its partners Kenneth Tolley and James Bell, Defendants, Of whom Francis C. Suggs is Appellant/Respondent, and Dorchester County (Dorchester County Council), Patsy Knight, Dorchester County Treasurer, Joan Owen, Dorchester County Tax Collector, The Town of Summerville, John H. Walters, Sr., Francis C. Suggs, Corey Pointe Partners, A South Carolina Partnership, and its partners Kenneth Tolley and James Bell are Respondents.

Supreme Court of South Carolina.

Decided June 30, 1997.

Attorney(s) appearing for the Case

O. Grady Query, Charleston, for appellant/respondent.

Morris D. Rosen and Kevin R. Eberle of Rosen, Rosen and Hagood, of Charleston, for respondents/appellants.

Robert H. Hood, John Keith Blincow, Jr., and Dixon F. Pearce, III, all of Hood Law Firm, Charleston, for respondent Dorchester County and Town of Summerville.

Robert D. Robbins of Bell and Robbins, St. George, for respondent Corey Pointe Partners and James Bell.

WALLER, Justice:

These are cross-appeals from an order of the circuit court granting Respondents-Appellants (The Tuppers) summary judgment and holding they had an easement over property owned by Appellant-Respondent (Suggs). The court issued an injunction requiring Suggs to remove an inground swimming pool built over the easement. The Court also granted summary judgment to Respondent, Town of Summerville, finding that it was not liable to the Tuppers for having granted...

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