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WISE v. HARRINGTON GROVE COMMUNITY ASS'N

No. 428A02.

584 S.E.2d 731 (2003)

357 N.C. 396

William J. WISE and Lynn P. Wise v. HARRINGTON GROVE COMMUNITY ASSOCIATION, INC., and Tom Fitzgerald, Tamara James, Dave Becherer, Stewart Joslin, Bill Schultz, and Mike Dalton, in their official capacities as members of the Harrington Grove Community Association Board of Directors.

Supreme Court of North Carolina.

August 22, 2003.

Attorney(s) appearing for the Case

Hunton & Williams, by William D. Dannelly and Julie Beddingfield, Raleigh, for plaintiff-appellants.

Jordan Price Wall Gray Jones & Carlton, by Henry W. Jones, Jr.; Hope Derby Carmichael; and Brian S. Edlin, Raleigh, for defendant-appellees.

MARTIN, Justice.

This is a declaratory judgment action brought by real property owners against their homeowners association. The facts, as reflected in the record on appeal, are as follows: In 1999, William and Lynn Wise (plaintiffs) purchased a home in the Harrington Grove subdivision in Raleigh, North Carolina. Plaintiffs' home, as well as every other home in Harrington Grove, is subject to the "Declaration of Covenants, Conditions and Restrictions of the Harrington...

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