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FOREST OAKS HOMEOWNERS ASSOCIATION v. ISENHOUR

No. 9027SC868.

401 S.E.2d 860 (1991)

FOREST OAKS HOMEOWNERS ASSOCIATION OF LINCOLN COUNTY, Plaintiff, v. Don R. ISENHOUR and Wife, Nola Isenhour, Defendants.

Court of Appeals of North Carolina.

March 19, 1991.

Attorney(s) appearing for the Case

Sigmon, Sigmon and Isenhower by C. Randall Isenhower, Newton, for plaintiff-appellant.

Jonas, Jonas & Rhyne by Richard E. Jonas, Lincolnton, for defendants-appellees.

JOHNSON, Judge.

The sole issue on appeal is whether the court erred in granting summary judgment in favor of defendants. Plaintiff contends the structure erected by defendants is a "double-wide" mobile home which is strictly prohibited by the restrictive covenants of the subdivision, which state in pertinent part:

No residence of a temporary nature shall be erected or allowed to remain on any lot, and no trailer, basement, shack, tent, garage, barn or any...

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