VILLAGE OF PINEHURST v. REGIONAL INVEST. OF MOORE, INC.

No. 69A90.

412 S.E.2d 645 (1992)

330 N.C. 725

VILLAGE OF PINEHURST v. REGIONAL INVESTMENTS OF MOORE, INC., Wachovia Bank and Trust Company, N.A., Pinehurst Enterprises, Inc., Resort Holding Corporation, Pinehurst Water Company, Inc. Pinehurst Sanitary Company, Inc., the Citibank, N.A., First National Bank of Chicago, the Chase Manhattan Bank, N.A., Crocker National Bank, Wells Fargo, N.A., First Pennsylvania Bank, N.A., First National State Bank of New Jersey, J. Walter McDowell, III, John Karscig, Jr., Robert W. Van Camp and James R. Van Camp.

Supreme Court of North Carolina.

January 27, 1992.


Attorney(s) appearing for the Case

Brinkley, Walser, McGirt, Miller, Smith & Coles by Gaither S. Walser, D. Clark Smith, Jr. and Stephen W. Coles, Lexington, for plaintiff-appellant.

Hunton & Williams by Edward S. Finley, Jr., Raleigh, for defendants-appellees.


WEBB, Justice.

The Court of Appeals held that summary judgment was properly entered for the defendants because the right of first refusal was not limited in time and this duration violated the rule against perpetuities. We hold that we are bound by Smith v. Mitchell, 301 N.C. 58, 269 S.E.2d 608 (1980), to affirm the Court of Appeals. In Smith, we held that a preemptive right was not...

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