WALTON v. CARIGNAN

No. 901SC992.

407 S.E.2d 241 (1991)

103 N.C. App. 364

Richard W. WALTON and wife, Maryann Walton, Plaintiffs-Appellees, v. Neil S. CARIGNAN and wife, Sharon B. Carignan, Defendants-Appellants.

Court of Appeals of North Carolina.

Decided July 2, 1991.


Attorney(s) appearing for the Case

No brief for plaintiffs-appellees.

Shearin & Archbell by Roy A. Archbell, Jr., Kitty Hawk, for defendants-appellants.


WELLS, Judge.

Because principles of summary judgment law are often stated and well understood, we need not repeat them here. The essential and dispositive question is whether the materials before the trial court presented a factual dispute appropriate for resolution by trial, or whether under the undisputed facts of this case, plaintiffs were entitled to judgment as a matter of law.

Covenants which restrict an owner's use of real property have often presented...

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