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PARKWOOD ASS'N v. CAPITAL HEALTH CARE INVESTORS

No. COA97-1532.

514 S.E.2d 542 (1999)

PARKWOOD ASSOCIATION, Plaintiff, v. CAPITAL HEALTH CARE INVESTORS, a North Carolina Limited Partnership and Lutheran Family Services In The Carolinas, Defendants.

Court of Appeals of North Carolina.

May 4, 1999.

Attorney(s) appearing for the Case

Eagen, Eagen & Adkins, by Philip S. Adkins, Durham, for plaintiff-appellant.

Manning, Fulton & Skinner, P.A., by William C. Smith, Jr., Raleigh, for defendants-appellees.

TIMMONS-GOODSON, Judge.

This is an action to enforce subdivision restrictive covenants. The following facts are stipulated or admitted in the pleadings. Defendant Capital Health Care Investors ("Capital") purchased a residence at 5323 Revere Road, located in the Parkwood area in Durham, North Carolina. The Parkwood subdivision is subject to restrictive covenants. The pertinent portions prohibit nuisances, any use except residential use, any houses of detention, reform...

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