RICE v. COHOLAN

No. COA09-326.

695 S.E.2d 484 (2010)

J. Frederick RICE and wife, Donna Rice; and Douglas K. Bradley, Plaintiffs-Appellees, v. Donald COHOLAN and wife, Teresa Coholan; Madison Development of Charlotte, LLC; John Sadri Custom Homes, Inc.; Temple Israel, Inc.; Madison Geer; Bryant P. Marks; Nachum Eshet and wife, Mary Eshet; Gayle L. Smith; Ernie Castellano and wife, Debbie Castellano; and George S. Crouch, Jr., and wife, Mary Ann C. Crouch, Defendants-Appellants.

Court of Appeals of North Carolina.

July 6, 2010.


Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A., by John R. Buric and Jon P. Carroll, Charlotte, for Plaintiffs-Appellees.

Johnston, Allison & Hord, P.A., by Patrick E. Kelly and Daniel A. Merlin, Charlotte, for Defendants-Appellants.


McGEE, Judge.

Plaintiffs filed this action on 16 November 2006 seeking to enforce deed restrictions on eighteen lots known as Jefferson Park and located on Jefferson Drive in Charlotte. Plaintiffs sought, inter alia, to enjoin development and subdivision of certain lots located within Jefferson Park. To support their claim, Plaintiffs relied on the restrictive covenants in the original deeds to Jefferson Park.

On 17 October 1945, Ralph Petree and wife...

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