BUIE v. HIGH POINT ASSOCIATES LTD. PARTNERSHIP

No. 94-315.

458 S.E.2d 212 (1995)

119 N.C. App. 155

W.T. BUIE and wife, Martha C. Buie; Rossie G. Gardner and wife, Ramona M. Gardner; C. Kenneth Wood and wife, Sylvia Wood; Richard L. Hall, Jr. and wife, Lois S. Hall; Thomas J. Welch and wife, Diane F. Welch; Ralph W. Hullender and wife, Gerry Hullender; Fralley G. Mitchell and wife, Doris Mitchell; Harding McDowell and wife, Mary W. McDowell; Ralph Brenner and wife, Diane Brenner; Harold R. Hedrick and wife, Ruth R. Hedrick; Mildred F. Israel; Bennie L. Rogers and wife, Jacqueline D. Rogers; Donald M. Ross, Jr. and wife, Mary Lou Ross; James B. Merrell; Cheryl K. Moore; Linda L. Coffin; Bobby L. Rogers and wife, June H. Rogers; Abdul J. Awan and wife, Rizwana L. Awan; Johnny J. White and wife, Ruby White; Claude O. Draughn, Jr. and wife, Patsy K. Draughn; and Thomas Lauder, Jr.; Plaintiffs, v. HIGH POINT ASSOCIATES LIMITED PARTNERSHIP, Delos Samuel Hedgecock, Jr., Jasper Lee Hedgecock, Arlene Hedgecock Guy, Margaret Hedgecock Davis, and Robert Watson Hedgecock, Defendants.

Court of Appeals of North Carolina.

June 6, 1995.


Attorney(s) appearing for the Case

Baker & Boyan by Walter W. Baker, Jr. and Jeffrey L. Mabe, High Point, for plaintiffs-appellees.

Smith, Helms, Mulliss & Moore by Bruce P. Ashley and Mary V. Cavanagh, Greensboro, for defendants-appellants.


McGEE, Judge.

Defendant HPALP argues three issues on appeal: (1) the court erred in finding the drainage system to be a non-residential use in violation of the restrictive covenants; (2) the court erred in requiring the defendants to return the restricted property to its undeveloped residential state; and (3) the judgment should be vacated since HPALP transferred its interest in the easements and shopping center to another partnership prior to the entry of judgment...

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