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KARNER v. ROY WHITE FLOWERS, INC.

No. COA98-80.

518 S.E.2d 563 (1999)

Janet L. KARNER and Lyman G. Welton, Plaintiffs, and Loretta Lee Pendergrast, Aprille L. Shaffer and Shelly Jordan, Intervenor Plaintiffs, v. ROY WHITE FLOWERS, INC., Roy J. White, Jr., Margaret C. White, and Edward A. White, Defendants.

Court of Appeals of North Carolina.

September 7, 1999.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A., by Paul P. Browne and Law Offices of Kenneth T. Davies, by Kenneth T. Davies, Charlotte, for plaintiff-appellants.

Odom & Groves, P.C., by George J. Miller and L. Holmes Eleazer, Jr., Charlotte, for defendant-appellees.

HUNTER, Judge.

Briefly, the record reveals that the parties are all property owners in Elizabeth Heights, a neighborhood in Charlotte which was developed as a residential subdivision around the turn of the century. Each of the conveyances of lots in Elizabeth Heights to the original grantees, and their heirs and assigns, contained a restrictive covenant that encumbered the lots for use for residential purposes only.

In 1995, defendants began to clear four...

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