ROSI v. McCOY

No. 851SC613.

338 S.E.2d 792 (1986)

Frances H. ROSI and Husband, Fred D. Rosi v. Mary Shull McCOY, Garland Thomas McCoy, and Nautilus Homes, Inc.

Court of Appeals of North Carolina.

February 4, 1986.


Attorney(s) appearing for the Case

Trimpi, Thompson & Nash by John G. Trimpi and Thomas P. Nash, IV, Elizabeth City, for plaintiffs-appellees.

Kellogg, White, Evans, Sharp & Michael by Robert L. Outten, Kitty Hawk, and John G. Gaw, Jr., Kill Devil Hills, for defendants-appellants.


ARNOLD, Judge.

Defendant appellants contend that the trial court erred in granting summary judgment in favor of plaintiffs because the restrictions pertaining to defendants' lot within the subdivision were personal to the grantor developers and therefore plaintiffs had neither the right nor the power to bring an action inter se to enforce the restrictions. We agree.

The general rule in North Carolina is that

Where the owner of a tract of land...

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