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CUMBERLAND HOMES v. CAROLINA LAKES PROPERTY

No. COA02-517.

581 S.E.2d 94 (2003)

CUMBERLAND HOMES, INC., Plaintiff, v. CAROLINA LAKES PROPERTY OWNERS' ASSOCIATION, INC., Defendant.

Court of Appeals of North Carolina.

June 17, 2003.

Attorney(s) appearing for the Case

The Yarborough Law Firm, by Garris Neil Yarborough and Barry K. Simmons, Fayetteville, for plaintiff appellee.

Duncan B. McCormick, Lillington, for defendant appellant.

BRYANT, Judge.

Carolina Lakes Property Owners' Association, Inc. (defendant) appeals from a declaratory judgment dated 5 December 2001 construing a restrictive covenant in favor of Cumberland Homes, Inc. (plaintiff).

On 6 September 2001, plaintiff filed this action seeking a declaration that two house plans submitted to defendant's architectural committee complied with a restrictive covenant governing section N of the Carolina Lakes residential subdivision...

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