McCRANN v. PINEHURST, LLC

No. COA12-680.

737 S.E.2d 771 (2013)

Michael J. McCRANN, Kelly C. McCrann, Henry W. Dirkmaat, Larilyn L. Dirkmaat, Robert C. Anderson, Jr., and Anne M. Anderson, Plaintiffs, v. PINEHURST, LLC, Village of Pinehurst, and the Village Chapel a/k/a Village Chapel, Inc., Defendants.

Court of Appeals of North Carolina.

February 5, 2013.


Attorney(s) appearing for the Case

Ragsdale Liggett PLLC, Raleigh, by James L. Conner II , for plaintiffs-appellants.

Robbins May & Rich LLP, Pinehurst, by John M. May , for defendant-appellee Pinehurst, LLC.

Van Camp, Meacham & Newman, PLLC, Pinehurst, by Michael J. Newman , for defendant-appellee Village of Pinehurst.

Smith Moore Leatherwood LLP, Raleigh, by Matthew Nis Leerberg , for defendant-appellee The Village Chapel a/k/a Village Chapel, Inc.


HUNTER, ROBERT C., Judge.

Plaintiff-landowners appeal from the trial court's order dismissing plaintiffs' claim for a declaratory judgment regarding defendant Pinehurst, LLC's purported waiver of restrictive covenants encumbering real property situated adjacent to plaintiffs' residential lots. Plaintiffs also appeal from the trial court's dismissal of their claim that by signing and filing the restrictive covenant waivers, Pinehurst, LLC committed acts that qualify...

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