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BEECH MOUNTAIN PROPERTY OWNERS' ASS'N v. SEIFART

No. 7924DC900.

269 S.E.2d 178 (1980)

48 N.C. App. 286

BEECH MOUNTAIN PROPERTY OWNERS' ASSOCIATION, INC., and Eugene Bradshaw and Virginia D. Bradshaw, Plaintiffs, v. Curt SEIFART, Sr. and Harriette N. W. Seifart, Defendants. BEECH MOUNTAIN PROPERTY OWNERS' ASSOCIATION, INC., and Charles E. Black, Plaintiffs, v. Fred J. COLLINS, Jr., and Shirley Collins, Defendants. BEECH MOUNTAIN PROPERTY OWNERS' ASSOCIATION, INC., and John Dorrier and Nancy Dorrier, Plaintiffs, v. Thomas F. MOORE, Jr., and George K. Cutter, Defendants.

Court of Appeals of North Carolina.

August 19, 1980.

Attorney(s) appearing for the Case

Finger, Watson & di Santi by C. Banks Finger and Anthony S. di Santi, Boone, Poyner, Geraghty, Hartsfield & Townsend by John J. Geraghty and Cecil W. Harrison, Jr., Raleigh, for plaintiffs-appellants.

Clement & Miller by Paul E. Miller, Jr., Boone, Smith, Moore, Smith, Schell & Hunter by David M. Moore, II, Greensboro, for defendants-appellees.

PARKER, Judge.

The issue raised by this appeal is whether the covenants upon which the Property Owners' Association relies to assess defendants are sufficiently certain and definite to be enforceable. We hold that they are not. Accordingly, we do not address the question whether the covenants run with the land so as to be enforceable by parties other than the original grantor, Carolina Caribbean Corporation.

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