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INVESTORS TITLE INS. CO. v. HERZIG

No. 9014SC259.

398 S.E.2d 659 (1990)

101 N.C. App. 127

INVESTORS TITLE INSURANCE COMPANY, Plaintiff, v. David F. HERZIG, Jerry S. Chesson, Southeastern Shelter Corporation, Lee L. Corum, and Everett, Creech, Hancock & Herzig, a Partnership, Defendants.

Court of Appeals of North Carolina.

December 18, 1990.

Attorney(s) appearing for the Case

Maxwell & Hutson, P.A. by James H. Hughes and Stephanie C. Powell, Durham, for plaintiff-appellee.

McCall & James by Randolph M. James and M. Lee Decker, Winston-Salem, for defendant-appellant Southeastern Shelter Corp.

Womble Carlyle Sandridge & Rice by G. Eugene Boyce, Elizabeth L. Riley and J. Keith Tart, Raleigh, for defendant-appellant Everett, Creech, Hancock & Herzig.

JOHNSON, Judge.

In September of 1985, the Redevelopment Commission of the City of Henderson ("Commission") recorded a Declaration of Restrictions which imposed certain restrictions and covenants on a tract of land located in Vance County. The tract consisted of four parcels, which were purchased by the City of Henderson for redevelopment. Southeastern Shelter Corporation ("Southeastern") was selected to be the redeveloper of this land. Henderson Heights, Ltd. ("Henderson...

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