SMITH v. BUTLER MOUNTAIN ESTATES

No. 260A88.

375 S.E.2d 905 (1989)

324 N.C. 80

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

Supreme Court of North Carolina.

February 9, 1989.


Attorney(s) appearing for the Case

Brock & Drye, P.A. by Floyd D. Brock and Michael W. Drye, Asheville, for plaintiff appellants.

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


MITCHELL, Justice.

The plaintiffs, who own a lot in Butler Mountain Estates, instituted this declaratory judgment action seeking to have certain restrictive covenants declared void and unenforceable. As alternative relief, the plaintiffs sought to have the defendant, Butler Mountain Estates Property Owners Association, Inc., enjoined from enforcing the restrictions.

Evidence introduced in the trial court tended to show that Butler Mountain Estates is a residential...

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