Legal Opinion

In Re Eastport Golf Club, Inc.

United States Bankruptcy Court, D. South Carolina

Decided June 26, 2007No. 19-01210PublishedCited by 2 opinions

1Opinion of the Court

AMENDED JUDGMENT 1

JOHN E. WAITES, Bankruptcy Judge.

Based upon the Findings of Fact and Conclusions of Law made in the attached order of the Court, Debtor’s proposed development of its golf course property, as described in the Plan filed February 1, 2007, is prohibited by the plain meaning of the language of the restrictive covenants, which appear to run with the title to the golf course property. The claims of East-port Community Association, Inc. and Donald E. Metzger (the “Objecting Parties”), to the extent that they hold claims against Debtor’s estate, are impaired. The Objecting Parties…

2Cases cited14 opinions

  1. South Carolina Department of Natural Resources v. Town of McClellanvilleSupreme Court of South Carolina · 2001
  2. Hardy v. AikenSupreme Court of South Carolina · 2006
  3. Dixon v. DixonSupreme Court of South Carolina · 2005
  4. Algonquin Golf Club v. State Tax CommissionMissouri Court of Appeals · 2007
  5. Curtis v. Hyland Hills Park & Recreation DistrictColorado Court of Appeals · 2007

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3Cited by2 opinions

  1. Delta Financial Corp. v. Westchester Surplus Lines Insurance (In Re Delta Financial Corp.)United States Bankruptcy Court, D. Delaware · 2008
  2. STRATTON v. TOMASZEWSKIUnited States Bankruptcy Court, D. Arizona · 2019

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