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EASTERWOOD v. BURGE

No. 9017SC1159.

405 S.E.2d 787 (1991)

103 N.C. App. 507

C.M. EASTERWOOD and wife, Martha M. Easterwood; James C. Hicks and wife, Hilda L. Hicks; Terry A. Ward and wife, Dorothy S. Ward; John R. Hoover and wife, Rebecca M. Hoover; Albert Loye, Jr., and wife, Carolyn Loye; G.G. Lothian and wife, Linda M. Lothian; Chesley Overby and wife, Betty Overby, Barbara B. Jones and husband, Ronnie Jones; David M. Vaughn and wife, Xandra W. Vaughn; Dale A. Farrar; Ira Trollinger and wife, Nancy F. Trollinger; Tommy Schoolfield and wife, Hazel Schoolfield, Plaintiffs, v. Gary D. BURGE and wife, Betty J. Burge, Defendants.

Court of Appeals of North Carolina.

July 16, 1991.

Attorney(s) appearing for the Case

Gwyn, Gwyn & Farver by Julius J. Gwyn, Reidsville, for plaintiff-appellants.

No brief was submitted for defendant-appellees.

LEWIS, Judge.

Defendants acquired a 1.313 acre lot in the Easterwood Subdivision (hereafter, the Easterwood lot) subject to a restrictive covenant which confined use of the lot to "residential purposes only" for the construction of "one detached single family dwelling." After having acquired this property, the defendants purchased approximately 13.902 acres bordering the nearby Reidsville City Lake (hereafter, the outside tract) which is not subject to restrictive...

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