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HODGIN v. BRIGHTON

No. COA08-347.

674 S.E.2d 444 (2009)

Larry Craig HODGIN and Deloris H. Hodgin, John W. Destefano and Catherine Destefano, and Jed Patton, Plaintiffs, v. Jeffrey N. BRIGHTON and Carrie L. Brighton, Defendants.

Court of Appeals of North Carolina.

April 7, 2009.

Attorney(s) appearing for the Case

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Hatcher Kincheloe, Harmony W. Taylor, and Gerald A. Stein, II, Charlotte, for plaintiff-appellants.

James, McElroy & Diehl, P.A., by Gary S. Hemric, Adam L. Ross, and Sarah M. Brady, Charlotte, for defendant-appellees.

STEELMAN, Judge.

Where a Restriction Agreement is clear and unambiguous, this Court will not re-write the restrictions nor go back and examine extrinsic evidence to interpret the restrictions.

I. Factual and Procedural Background

Jeffrey N. and Carrie L. Brighton (defendants) own Lot 18, Block 4 of Tuckaway Park Subdivision located in Charlotte, North Carolina. A plat of the Subdivision is recorded...

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