IRBY v. FREESE

No. COA09-1224.

696 S.E.2d 889 (2010)

Pierce Butler IRBY, III, and wife, Cindy Baker Irby, v. Gail Wilkins FREESE f/k/a Gail Brinn Wilkins, and Joseph P. Clark, Trustee for Truliant Federal Credit Union.

Court of Appeals of North Carolina.

August 17, 2010.


Attorney(s) appearing for the Case

Kenneth T. Davies, Charlotte, for Plaintiffs.

K&L Gates LLP, Charlotte, by Roy H. Michaux, Jr., for Defendants.


STEPHENS, Judge.

This matter arises out of a 12 February 2008 action brought by Plaintiffs to enforce certain restrictive covenants encumbering Defendant Gail Wilkins Freese's ("Freese") property and seeking damages for violations of those restrictions. Following a bench trial, on 4 May 2009, the trial court entered judgment denying Plaintiffs' claims and dismissing Plaintiffs' action with prejudice, concluding that Plaintiffs' action was barred by the equitable doctrine...

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