Buie v. Johnston

BECTON, Judge.

By their sole assignment of error, plaintiffs contend that the trial court erred by refusing to grant a mandatory injunction requiring the defendant to remove the existing incomplete foundation. We agree.

We find Ingle v. Stubbins, 240 N.C. 382, 82 S.E. 2d 388 (1954), controlling. Ingle was also an action to enjoin a defendant from violating restrictive covenants of a residential subdivision. The covenant at issue therein provided that no building should be located nearer than 50 feet from the front line of the subdivision lots. Lots 10 and 11 faced Bueno Street or Wildwood Lane…