River Run Ltd. Partnership v. Equus Merda, Inc. (Lawyers Weekly No. 11-16-0244, 9 pp.) (Cheri Beasley, J.) (Appealed from the Mecklenburg County Superior Court. (Robert C. Ervin, J.) N.C. App. Unpub. Click here for the full text of the opinion. ...

Tagged with: Mecklenburg County Real Property restrictive covenants Subdivision

Haas v. Jugis. (Lawyers Weekly No. 11-16-0184, 11 pp.) (John C. Martin, Ch.J.) Appealed from Clay County Superior Court. (James U. Downs, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Even though the preamble ...

Tagged with: Real Property restrictive covenants

North Carolina State Bar v. Sossomon. (Lawyers Weekly No. 10-16-0898, 20 pp.) (Rick Elmore, J.) Appealed from the State Bar. N.C. App. Unpub. Holding: When the defendant-attorney represented a woman who was selling land that had been in her family ...

Tagged with: Attorneys conflict of interest discipline N.C. State Bar Real Property restrictive covenants

Chleborowicz v. Inlet Point Harbor Boat Owners Ass'n Inc. In a case in which homeowners challenged an association's levying of additional fees for maintenance of certain areas, the trial court did not make adequate findings of fact on whether the costs should be assessed equally among all association members. Affirmed in part and remanded in part.

Tagged with: Civil Practice findings of fact New Hanover County Real Property restrictive covenants

The future of one pricey Charlotte property is uncertain after a Court of Appeal reversal involving building setbacks. In another case, a neighbor upset by what he saw as the excessive height of his neighbor’s house will have to live with his frustrations. The first case involved setbacks in deed restrictions while the second involved setbacks in zoning ordinances. "We have two levels of setbacks," said Charlotte attorney Roy H. Michaux (pictured) of K & L Gates, who represented the defendants in Irby v. Freese (Lawyers Weekly No. 10-07-795 , 13 pp.). The Court of Appeals issued the decision Tuesday morning.

Tagged with: commercial real estate Court of Appeals real estate Real Property restrictive covenants

David v. Sossoman. (Lawyers Weekly No. 10-16-0767, 15 pp.) (Robert C. Hunter, J.) Appealed from Macon County Superior Court (James U. Downs, J.) N.C. App. Unpub. Holding: The trial court did not err in finding that the defendant was negligent ...

Tagged with: Contributory Negligence Legal Malpractice Negligence real estate restrictive covenants Tort-Negligence Tort/Negligence

Barfield v. Matos. (Lawyers Weekly No. 10-16-0761, 11 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (Robert C. Ervin, J.) N.C. App. Unpub. Holding: A permanent injunction in a case involving restrictive covenants on real estate is interlocutory ...

Tagged with: Injunction Interlocutory Appeal Mecklenburg County Real Property restrictive covenants

Rice v. Coholan. (Lawyers Weekly No. 10-07-0610, 25 pp.) (Linda M. McGee, J.) Appealed from Mecklenburg County Superior Court. (Richard D. Boner, J.) N.C. App. Holdings: Where deeds provide that restrictive covenants are to run with the land and will ...

Tagged with: restrictive covenants

By PAUL THARP, Staff Writer [email protected] In a decision that could affect the rights of millions of N.C. homeowners, the Court of Appeals has held that owners of multiple lots in a development can cumulate their votes in order to terminate ...

Tagged with: restrictive covenants