HAWTHORNE v. REALTY SYNDICATE, INC.

No. 103.

268 S.E.2d 494 (1980)

300 N.C. 660

Thomas J. HAWTHORNE et al. v. REALTY SYNDICATE, INC., Marsh Realty Company, and Marsh Foundation, Inc.

Supreme Court of North Carolina.

July 15, 1980.


Attorney(s) appearing for the Case

Ruff, Bond, Cobb, Wade & McNair by Hamlin L. Wade, Charlotte, for plaintiffs-appellees.

Helms, Mulliss & Johnston by Fred B. Helms, Robert B. Cordle and William H. Higgins, Charlotte, for defendants-appellants.


EXUM, Justice.

The basic questions raised by this appeal are: (1) whether the individual lots in Block 7 of the Myers Park Development in Charlotte remain subject to a covenant restricting their use to residential purposes, and (2) if so, whether the plaintiffs in this action may enforce the restriction. We answer both questions in the affirmative.

Plaintiffs instituted this action on 21 August 1972 to enjoin defendants from using Lot 6 in Block 7 of Myers...

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