RUNYON v. PALEY

No. 902SC757.

405 S.E.2d 216 (1991)

103 N.C. App. 208

Charles RUNYON, Mary Robbins Runyon, and Patsy Simpson Williams, Plaintiffs, v. Warren D. PALEY, Claire Paley, and Midgett Realty, Inc., d/b/a Midgett Realty, Defendants.

Court of Appeals of North Carolina.

June 18, 1991.


Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein by Charles C. Meeker and John J. Butler, Raleigh, for plaintiffs appellants.

Young, Moore, Henderson & Alvis, P.A. by John N. Fountain, Henry S. Manning, Jr., Terryn D. Owens, and R. Christopher Dillon, Raleigh, for defendant appellees.


COZORT, Judge.

Plaintiffs sued to enforce a restrictive covenant in an effort to prevent development of a tract of land by defendants. The trial court granted defendants' motion to dismiss for failure to state a claim upon which relief could be granted. We affirm, finding that plaintiffs are not entitled to enforce the covenant in question.

The case below involves a tract of land on Ocracoke Island known as the "Gaskins lot." That lot is bounded to the east...

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