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LOPRESTI v. BURRY

No. 3982.

364 S.C. 271 (2005)

612 S.E.2d 730

John N. LoPRESTI and Janice LoPresti, Appellants, v. John BURRY, Rabon Creek Watershed Conservation District of Fountain Inn, South Carolina, Everette H. Babb, Frederick E. Landrith, Landrith Surveying, Inc., and Greenville County, Defendants, Of Whom John Burry and Rabon Creek Watershed Conservation District of Fountain Inn, South Carolina are, Respondents.

Court of Appeals of South Carolina.

Decided April 25, 2005.

Rehearing Denied August 29, 2005.

Attorney(s) appearing for the Case

Michael Stephen Chambers, of Greenville, for Appellants.

Christopher R. Antley, John Robert Devlin, Jr. and W. Francis Marion, Jr., all of Greenville, for Respondents.

GOOLSBY, J.:

John and Janice LoPresti appeal the grant of summary judgment to John Burry and the Rabon Creek Watershed Conservation District of Fountain Inn in their lawsuit arising from their purchase of a home encumbered by a flood easement. We affirm.

In the summer of 1976, Burry bought 172 acres of land, known as tract 34, in Greenville and Laurens counties. Several months later, in conjunction with a federal...

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