LAMICA v. GERDES

No. 200.

153 S.E.2d 814 (1967)

270 N.C. 85

George E. LAMICA and wife, Louise W. Lamica, et al. v. John Henry GERDES, Jr.

Supreme Court of North Carolina.

April 12, 1967.


Attorney(s) appearing for the Case

Lloyd S. Elkins, Jr., Wilmington, for plaintiffs.

Marshall & Williams, Wilmington, for defendant.


BRANCH, Justice.

We find no merit in appellant's contention that the court erred in striking from his answer allegations as to changed conditions and zoning. This Court has heretofore stated that, "`It is generally held that the encroachment of business and changes due thereto, in order to undo the force and validity of the restrictions, must take place within the covenanted area.'" Also, "`A valid restriction on the use of real property is neither nullified...

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