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SCHWARTZ v. BANBURY WOODS HOMEOWNERS ASS'N

No. COA08-964.

675 S.E.2d 382 (2009)

Michael SCHWARTZ and Dawn Gray, Plaintiffs, v. BANBURY WOODS HOMEOWNERS ASSOCIATION, INC., Defendant.

Court of Appeals of North Carolina.

May 5, 2009.

Attorney(s) appearing for the Case

Linck Harris Law Group, PLLC, by David H. Harris, Jr., Durham, for plaintiffs-appellants.

Jordan Price Wall Gray Jones & Carlton, by Henry W. Jones, Jr., and Brian S. Edlin, Raleigh, for defendant-appellee.

MARTIN, Chief Judge.

Michael Schwartz and Dawn Gray (collectively "plaintiffs") appeal from orders denying their motions for a temporary restraining order, a preliminary injunction, and partial summary judgment, and granting defendant Banbury Woods Homeowners Association's motion for summary judgment. For the reasons discussed below, we affirm.

On 20 August 1985, the Declarations of Covenants, Conditions and Restrictions ("CC&Rs") for defendant and the...

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