Marathon Finance Co. v. HHC Liquidation Corp.

CURETON, Judge:

(Concurring in part and dissenting in part):

I concur with much of the majority opinion, but I respectfully disagree that all of the 1985 deed restrictions have been extinguished. I write separately as most of my reasoning and analysis is different from the majority.

*600I. 1983 RESTRICTIONS AND IMPLIED RECIPROCAL NEGATIVE EASEMENTS

Westin argues that it is entitled to enforce the “1983 Restrictions,” which were expressly placed on the Barony Tract in a document entitled “Declarations, Conditions, and Restrictions.” This document was executed by the Hilton Head Company (HHC), and…