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2009-MO-042 - Austin v. Town of Hilton Head Island

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Carolyn Songer Austin, Petitioner,

v.

Town of Hilton Head Island, South Carolina, W.J. Enterprises, Inc., H.D.S. Builders, LLC, Barb Loebig, and National Bank of Commerce, Defendants,

W.J. Enterprises, Inc., H.D.S. Builders, LLC, Barb Loebig and National Bank of Commerce are the Respondents.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS


Appeal from Beaufort County
 Thomas Kemmerlin, Special Circuit Court Judge


Memorandum Opinion No. 2009-MO-042
Heard May 14, 2009 – Filed July 27, 2009  


DISMISSED AS IMPROVIDENTLY GRANTED


M. Adam Gess, of McDaniel & Gess, of Beaufort, Mark Weston Hardee, of Hardee Law Firm, of Columbia, and Robert E. Austin, Jr., of Leesburg, Florida, for Petitioner.

Drew A. Laughlin, of Laughlin & Bowen, of Hilton Head Island and Stephen Spitz, of Charleston, for Respondents


PER CURIAM:  We granted a writ of certiorari to review the Court of Appeals decision in Carolyn Songer Austin v. Town of Hilton Head Island, Op. No. 2007-UP-172 (S.C. Ct. App., filed April 17, 2007).  On certiorari, we were presented with alleged violations of restrictive covenants in (1) reducing a lot in size such that it has a frontage of less than 60 feet in length, without proper written consent and (2) building a structure closer than 10 feet to an adjacent street line.  After careful consideration, we now dismiss certiorari as improvidently granted.

DISMISSED.

TOAL, C.J., WALLER, PLEICONES, BEATTY and KITTREDGE, JJ., concur.