River City Developers, LLC v. The Marshes at Lady's Island Homeowners' Ass'n

• Decision Date: 01 June 2022
• Docket Number: 2022-UP-235
• Parties: River City Developers, LLC, Appellant, v. The Marshes at Lady's Island Homeowners' Association, Bundy Appraisal and Management, First Green, LLC, Tige Howie, and Stephen Scott, Respondents. Appellate Case No. 2019-000928
• Court: South Carolina Court of Appeals

River City Developers, LLC, Appellant, v. The Marshes at Lady's Island Homeowners' Association, Bundy Appraisal and Management, First Green, LLC, Tige Howie, and Stephen Scott, Respondents.

Appellate Case No. 2019-000928

No. 2022-UP-235

Court of Appeals of South Carolina

June 1, 2022

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.

Submitted April 1, 2022

Appeal From Beaufort County Marvin H. Dukes, III, Master-in-Equity

Stephen A. Spitz and Irish Ryan Neville, both of Spitz &amp Neville, LLC, of Charleston, for Appellant.

Kevin W. Mims and John Barnwell Fishburne, Jr., of Luzuriaga Mims LLP, and Michael A. Timbes, of Thurmond Kirchner & Timbes, PA, all of Charleston, for Respondents.

PER CURIAM:

In this declaratory judgment action, Appellant River City Developers LLC (Owner) seeks review of an order of the Master-in-Equity granting summary judgment to Respondents. We affirm.

1. As to whether the circuit court erred by concluding that Owner's five lots within The Marshes at Lady's Island are subject to the Declaration of Covenants, Conditions, and Restrictions for The Marshes (the Declaration), the Declaration is reasonably susceptible to only one interpretation. See S.C. Dep't of Nat. Res. v. Town of McClellanville, 345 S.C. 617, 623, 550 S.E.2d 299, 302 (2001) ("A contract is ambiguous when the terms of the contract are reasonably susceptible of more than one interpretation."); id. at 622, 550 S.E.2d at 302 ("Restrictive covenants are contractual in nature . . . ." (quoting Taylor v. Lindsey, 332 S.C. 1, 4, 498 S.E.2d 862, 863 (1998))); id. at 623-24, 550 S.E.2d at 302-03 (applying the rules of contract construction to a restrictive covenant in a deed). The plain language of the Declaration as a whole indicates that Owner's five lots are subject to the Declaration's provisions.

2. As to the procedural propriety of summary judgment in this case we affirm pursuant to Rule 220(b), SCACR, and the following authorities: Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the [circuit court] to be preserved for appellate review."); Mellette v. Atl. Coast Line R. Co., 181 S.C. 62, 64, 186 S.E. 545, 547 (1936) ("[T]he theory pursued in the [circuit] court with respect 'to the relief sought and grounds therefor' must be adhered to in the appellate court." (quoting Wilson v. S. Ry. Co., Carolina Div., 123 S.C. 399, 408, 115 S.E. 764, 767 (1923))); Rule 56(c), SCRCP (providing that summary judgment shall be granted when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a...