MEDEARIS v. TRUSTEES OF MPBC

No. COA01-114.

558 S.E.2d 199 (2001)

William F. MEDEARIS, III and wife, Pauline Phister Medearis, Petitioners-Appellants, v. TRUSTEES OF MEYERS PARK BAPTIST CHURCH, C.D. Spangler Foundation, Inc., and Queens College, Inc., Respondents-Appellees.

Court of Appeals of North Carolina.

December 28, 2001.


Attorney(s) appearing for the Case

DeVore, Acton & Stafford, P.A., by Fred W. DeVore, III, Charlotte, for petitioners-appellants.

Kennedy, Covington, Lobdell & Hickman, L.L.P., by Roy H. Michaux, Jr., Charlotte, for respondent-appellee, Trustees of Meyers Park Baptist Church.

Robinson, Bradshaw & Hinson, P.A., by John R. Wester, Charlotte, for respondent-appellee C.D. Spangler Foundation, Inc.

Guthrie, Davis, Henderson & Staton, P.L.L.C., by Robert E. Henderson, Charlotte, for respondent-appellee, Queens College.


BRYANT, Judge.

This is an appeal by William F. Medearis, III, and his wife, Pauline Phister Medearis [petitioners] from an order granting the Trustees of Myers Park Baptist Church [MPBC], the C.D. Spangler Foundation, Inc. [Foundation] and Queens College, Inc. [collectively "respondents"] summary judgment on a petition for declaratory judgment to determine the rights of the petitioner-homeowners to enforce a restrictive covenant. Petitioners assign as error the trial...

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