ROSI v. McCOY

No. 122PA86.

356 S.E.2d 568 (1987)

319 N.C. 589

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

Supreme Court of North Carolina.

June 2, 1987.


Attorney(s) appearing for the Case

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

John G. Gaw, Jr., Kill Devil Hills, for defendants-appellees.


FRYE, Justice.

The sole question before this Court is whether the plaintiffs may enforce a restrictive covenant fixing a minimum side set-back requirement against defendants when defendants have secured an amendment to this requirement with respect to their lot from the developers pursuant to another provision of the covenants in question. The Court of Appeals held that the plaintiffs could not enforce the original requirement, and we affirm, although on somewhat...

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