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SMITH v. BUTLER MT. ESTATES PROP. OWNERS

No. 8728SC476.

367 S.E.2d 401 (1988)

Daniel R. SMITH and Alice Smith v. BUTLER MOUNTAIN ESTATES PROPERTY OWNERS ASSOCIATION, INC.

Court of Appeals of North Carolina.

May 3, 1988.

Attorney(s) appearing for the Case

Brock & Drye, P.A. by Michael W. Drye, Asheville, for plaintiffs-appellants.

Adams, Hendon, Carson, Crow & Saenger, P.A. by Martin K. Reidinger, Asheville, for defendant-appellee.

JOHNSON, Judge.

Plaintiffs are the owners of a lot in Butler Mountain Estates. Butler Mountain Estates is a residential development containing 48 lots, and at the time of this action, consisted of twelve lots upon which houses have been constructed and three lots upon which houses are under construction. The lots in Butler Mountain Estates are subject to restrictive covenants set forth in a restrictive agreement. The restrictive covenants provide that the lots are...

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