BEECH MT. PROP. OWNERS' ASS'N v. CURRENT

No. 7724DC101.

240 S.E.2d 503 (1978)

35 N.C. App. 135

BEECH MOUNTAIN PROPERTY OWNERS' ASSOCIATION v. Richard N. CURRENT and Rose B. Current. BEECH MOUNTAIN PROPERTY OWNERS' ASSOCIATION v. Thomas MOORE, Jr., and George K. Cutter.

Court of Appeals of North Carolina.

January 24, 1978.


Attorney(s) appearing for the Case

Finger, Watson & di Santi by C. Banks Finger and Anthony S. di Santi, Boone, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by David M. Moore, II, Greensboro, Hudson, Petree, Stockton, Stockton & Robinson by James H. Kelly, Jr., Winston-Salem, Thomas F. Moore, Jr., Charlotte and Charles E. Clement and Paul E. Miller, Jr., Boone, for defendant-appellees.


HEDRICK, Judge.

The substantive question raised on this appeal is whether the restrictions referred to above are enforceable. However, it is elementary that the substantive issues cannot be considered unless the party raising them has the capacity to do so. Bailey v. Light Co., 212 N.C. 768, 195 S.E. 64 (1938). Thus, the defendants' challenge to the plaintiff's standing to assert the claims herein demands our immediate attention.

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