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Blanks v. Rawson

296 S.C. 110 (1988)

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Blanks v. Rawson

South Carolina Court of Appeals

296 S.C. 110 (1988)

Facts

Benjamin and Mary Ann Blanks (plaintiffs) lived next door to Gary Rawson (defendant). Rawson had a basketball goal near the edge of the driveway close to the property line. The Blanks stated that on one occasion, Rawson’s son listened to loud music while playing basketball. The Blanks also complained that the ball could damage property in their yard, although there was no indication that such damage actually occurred. Additionally, Rawson had a dog pen on the property line behind the driveway. The Blanks alleged that there was a smell of feces coming from the pen, whereas Rawson said that he cleaned the pen daily. Further, Rawson had a 10-foot fence, which the Blanks claimed obstructed their view of the lake. The Blanks filed suit against Rawson, contending that the basketball goal and dog pen were a nuisance and that the fence was too high. The trial court found that the basketball goal was a nuisance and ordered Rawson to remove or relocate it. The court also found that the dog pen was maintained in a filthy condition, resulting in an odor. The dog pen was thus also a nuisance, and the court ordered Rawson to remove or relocate it. Finally, the court called Rawson’s fence a hate fence and ordered Rawson to remove it or to reduce its height. Rawson appealed.

Rule of Law

Issue

Holding and Reasoning (Cureton, J.)

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