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FRANZLE v. WATERS

No. 7326SC121.

197 S.E.2d 15 (1973)

18 N.C. App. 371

J. E. FRANZLE et al. v. William W. WATERS et al.

Court of Appeals of North Carolina.

June 13, 1973.

Attorney(s) appearing for the Case

Palmer, Jonas & Mullins, P. A., by Michael P. Mullin, Charlotte, for plaintiffs appellees.

Levine, Goodman & Murchison by Sol Levine, Charlotte, for defendants appellants.

MORRIS, Judge.

The primary question for our determination is whether the construction of the proposed roadway over Lot No. 59 is violative of the restrictive covenants governing lots in Mountainbrook Subdivision No. 1.

The general principles governing construction of restrictive covenants in this State were well summarized by Sharp, Justice, in Long v. Branham, 271 N.C. 264, 268, 156 S.E.2d 235

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