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Winding Ridge v. Joffe

Supreme Court of North Carolina
Mar 7, 2008
362 N.C. 225 (N.C. 2008)

Summary

adopting per curiam the dissenting opinion in 184 N.C. App. 629, 646 S.E.2d 801

Summary of this case from C Invs. 2, LLC v. Auger

Opinion

No. 404A07.

Filed March 7, 2008.

Deeds — restrictive covenant — use of property — single family dwelling — lease to college students

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 184 N.C. App. ___, 646 S.E.2d 801 (2007), affirming an order entered on 18 August 2006 by Judge Carl R. Fox in Superior Court, Orange County. Heard in the Supreme Court 14 February 2008.

Brown Bunch, PLLC, by Charles Gordon Brown, for plaintiff-appellees. The Brough Law Firm, by G. Nicholas Herman, for defendant-appellants Zalman and Devora Joffe.


A decision of the Court of Appeals that a restrictive covenant restricting the "use" of property to a single family residential dwelling prohibited a lease of the property to four unrelated college students is reversed for the reason stated in the dissenting opinion that the restrictive covenant is only a limitation on the type of structure that may be placed on the property and not a restriction on the type of occupancy permitted within the dwelling.


For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed and this matter is remanded to the Court of Appeals for further remand to the trial court for further proceedings not inconsistent with this opinion.

REVERSED AND REMANDED.


Summaries of

Winding Ridge v. Joffe

Supreme Court of North Carolina
Mar 7, 2008
362 N.C. 225 (N.C. 2008)

adopting per curiam the dissenting opinion in 184 N.C. App. 629, 646 S.E.2d 801

Summary of this case from C Invs. 2, LLC v. Auger

reading a single-family dwelling restriction as a use rather than a structural restriction would be "internally inconsistent" because the contract permitted a two-person housekeeping unit with no restriction on who could live in that unit

Summary of this case from HAAS v. JUGIS
Case details for

Winding Ridge v. Joffe

Case Details

Full title:WINDING RIDGE HOMEOWNERS ASSOCIATION, INC., A NORTH CAROLINA…

Court:Supreme Court of North Carolina

Date published: Mar 7, 2008

Citations

362 N.C. 225 (N.C. 2008)

Citing Cases

C Invs. 2, LLC v. Auger

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” Because the developer did not express such an intention, “[t]his Court may not restrict the use of the…