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ERTHAL v. MAY

No. COA12-603.

736 S.E.2d 514 (2012)

Charles M. ERTHAL, Delores Erthal, Jerome A. Budde, Jr., and Ilena T. Budde, Plaintiffs, v. Frederick B. MAY and Francine L. Appel, a/k/a Francine L. May, Defendants.

Court of Appeals of North Carolina.

November 20, 2012.

Attorney(s) appearing for the Case

Prince, Youngblood & Massagee, PLLC, Hendersonville, by Sharon B. Alexander , for plaintiffs-appellees.

Law Offices of Travis S. Greene, PC, by Travis S. Greene , for defendants-appellants.

STROUD, Judge.

The parties to this case are all homeowners in the Stirrup Downs development, an equestrian community. Charles M. Erthal, Delores Erthal, Jerome A. Budde, Jr., and Ilena T. Budde ("plaintiffs") brought this action seeking an injunction preventing Fredrick B. May and Francine L. Appel, a/k/a Francine L. May ("defendants") from making any commercial use of their land to board horses at their operation known as Serenity Acres. The trial court granted summary...

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