SMITH v. ASSOCIATION FOR RETARDED CITIZENS FOR HOUSING DEVELOPMENT SERV.

No. 843SC1075.

331 S.E.2d 324 (1985)

Bernard R. SMITH and wife, Mary Ellen Smith, Mike Hodgins and wife, Hilary Hodgins, Lewis Anton and wife, Mary E. Anton, Alton L. Sibley and wife, Juanita H. Sibley, Joseph H. Jones, and wife, Mary A. Jones, Archie Wood and wife, Betty Wood, Cecil Bennett, Jr. and wife, Jo Ann Jones Bennett, Edna W. Gathercole, William B. Mercer and wife, Patricia M. Mercer, Brenda J. Norman and husband, Henry D. Norman v. ASSOCIATION FOR RETARDED CITIZENS FOR HOUSING DEVELOPMENT SERVICES, INC., Rufus L. Edmisten, Attorney General of the State of North Carolina, and Westminster Company.

Court of Appeals of North Carolina.

July 2, 1985.


Attorney(s) appearing for the Case

Dunn & Dunn by Raymond E. Dunn and Raymond E. Dunn, Jr., New Bern, for plaintiffs.

Moore, Van Allen, Allen & Thigpen by Joseph W. Eason and Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert R. Reilly, Raleigh, for the Association for Retarded Citizens for Housing Development Services, Inc.

Stith and Stith, P.A. by Lawrence A. Stith, New Bern, for Westminster Co.


WELLS, Judge.

Plaintiffs bring forth one assignment of error in which they contend that the trial court erred in granting summary judgment. Plaintiffs contend that the nature of the structure erected by ARCHDS presents a material question of fact: whether the structure is a single family residential dwelling within the meaning of the North Hills Subdivision restrictive covenants. They also argue that if there is no genuine issue as to any material fact, the trial...

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