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KARNER v. ROY WHITE FLOWERS, INC.

No. 475A99.

527 S.E.2d 40 (2000)

351 N.C. 433

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.

Supreme Court of North Carolina.

April 7, 2000.

Attorney(s) appearing for the Case

Kenneth T. Davies, Charlotte, for plaintiff-appellants Karner and Welton and intervenor-plaintiff-appellants Pendergrast and Shaffer.

Groves, Dunklin & Boggs, P.C., by L. Holmes Eleazer, Jr., Charlotte, for defendant-appellees.

WAINWRIGHT, Justice.

Plaintiffs and defendants own lots in Elizabeth Heights, a subdivision in Charlotte, North Carolina. Elizabeth Heights was developed as a residential subdivision at the turn of the century. When the developer began conveying lots in 1907, each deed included a covenant restricting the use of each parcel to residential use only.

In September 1995, defendants applied for demolition permits for the residential structures on three of their...

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