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SOUTHEASTERN JUR. ADM. COUNCIL. v. EMERSON

No. 62A08.

683 S.E.2d 366 (2009)

SOUTHEASTERN JURISDICTIONAL ADMINISTRATIVE COUNCIL, INCORPORATED v. Gordon W. EMERSON, Diane R. Emerson, Paul D. Huffman, Donald N. Patten, and Virginia B. Patten.

Supreme Court of North Carolina.

October 9, 2009.

Attorney(s) appearing for the Case

Adams Hendon Carson Crow & Saenger, P.A., by George Ward Hendon and Matthew S. Roberson, Asheville, for plaintiff-appellant.

Brown, Ward and Haynes, PA, by Frank G. Queen, Waynesville, for defendant-appellees Emerson and Huffman; and Brown & Patten, PA, by Donald N. Patten, pro se, and for Virginia B. Patten, defendant-appellees.

NEWBY, Justice.

This case presents the issue of whether community regulations that levy annual service charges on properties in the Lake Junaluska Assembly Development ("the Assembly") impose valid affirmative obligations upon the property owners to pay the fees. In light of the unique character of the Assembly and its long-standing history of covenant-imposed regulations, we uphold the covenants as enforceable and reverse...

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