Steiner v. Windrow Estates Home Owners Ass'n

STROUD, Judge.

Defendant appeals a summary judgment order in a declaratory judgment action which determined that plaintiffs could keep the goats, Fred and Barney, on their property. For the following reasons, we affirm.

I. Background

On or about 8 May 2009, plaintiffs filed a declaratory judgment action pursuant to N.C. Gen. Stat. § 1-253 et. seq. seeking a declaration that certain restrictive covenants upon their real property (“Property”) were not enforceable against them. Plaintiffs alleged that they owned Property in a subdivision known as Windrow Estates, which is subject to “certain…