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ALLEN v. SEA GATE ASS'N, INC.

No. COA94-913.

460 S.E.2d 197 (1995)

Burnice A. ALLEN and wife, Jean J. Allen; Dale W. Barnes; David E. Brown and wife, Brenda T. Brown; Dwight Brown; H.B. Buchanan; William G. Corgey, Jr. and wife, Naomi J. Corgey; Larry Cravy and wife, Elaine Cravy; Robert V. Fernandez and wife, Marianne G. Fernandez; Walter F. Gaskins and wife, Sally Gaskins; John M. Hinson and wife, Daphne Hinson; R.L. Johnson and wife, Frances W. Johnson; Joe H. Jones; E. Niven Miller; Linda Onstott; Charles Roman and wife, Mary Joyce Roman; Jane W. Rubin and husband, Seymour P. Rubin; Larry W. Swanson; Katrine Wade; Barbara Wise, Plaintiffs v. SEA GATE ASSOCIATION, INC., Defendant

Court of Appeals of North Carolina.

August 15, 1995.

Attorney(s) appearing for the Case

Lamar Jones, P.A. by Lamar Jones, Kinston, for plaintiffs-appellees.

Beswick, Coyne & Simpson by H. Buckmaster Coyne, Jr., Morehead City, for defendant-appellant.

LEWIS, Judge.

This appeal concerns the validity of the dues and assessment provisions of restrictive covenants affecting subdivision lots owned by plaintiffs.

Defendant appeals the grant of partial summary judgment to plaintiffs. The verified pleadings, affidavits, documentary evidence, and stipulations presented by the parties show the following: The original Declaratory of Protective Covenants, (hereinafter original Declaratory), recorded in May 1972 in...

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