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DILL v. LOISEAU

No. COA18-361.

823 S.E.2d 642 (2019)

Elford C. DILL, Plaintiff, v. Gerard G. LOISEAU and Wife Jennifer O. Loiseau, April B. Cottrill and Husband Shannon L. Cottrill, Eric B. Thompson, Wiliam E. Kellar, Lori Beth Hirsberg, Geraldine C. McAlister, Shirley Beachler, Trustee, Stephen Matthew Wilfong and Wife Lisa Mayo Wilfong, Helen M. White, Lisa L. Ayers and Husband, Charles W. Ayers, and David Lee Edwards, Defendants.

Court of Appeals of North Carolina.

Filed: January 15, 2019.

Attorney(s) appearing for the Case

Law Office of Kenneth T. Davies, P.C., by Kenneth T. Davies and G. Brian Ernst , for plaintiff-appellant.

Alexander Ricks PLLC, by Louis G. Spencer and Ryan P. Hoffman , Charlotte, for defendants-appellees.

In this appeal, we consider the circumstances under which (1) restrictive covenants demonstrate a common scheme of development within a residential subdivision; (2) changes to the character of a covenanted area can render otherwise valid restrictive covenants unenforceable; and (3) the right to enforce a restrictive covenant is waived...

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