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CLAREMONT PROP. OWNERS ASSN. v. GILBOY

No. COA00-1.

542 S.E.2d 324 (2001)

CLAREMONT PROPERTY OWNERS ASSOCIATION, INC., Plaintiff, v. W. Stephen GILBOY, Joan Gilboy, R. Michael Gilboy, and Myron E. Steppe, Defendants.

Court of Appeals of North Carolina.

February 20, 2001.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Davis, P.A., by Michelle Rippon and Craig D. Justus, Asheville, for Plaintiff-Appellee.

Prince, Youngblood & Massagee, by Sharon B. Alexander, Hendersonville, for Defendants-Appellants.

HUDSON, Judge.

Claremont Property Owners Association, Inc. (plaintiff) filed a complaint seeking a declaratory judgment as to the rights and restrictions established by the Protective Covenants for the Claremont Subdivision. The trial court entered a declaratory judgment in plaintiff's favor, and defendants appeal. We affirm.

I.

The pertinent facts in this case are undisputed. Defendants W. Stephen Gilboy, Joan Gilboy, and R. Michael Gilboy (the...

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