Medearis v. Trustees of Myers Park Baptist Church

BRYANT, Judge.

This is an appeal by William F. Medearis, III, and his wife, Pauline Phister Medearis [petitioners] from an order granting the Trustees of Myers Park Baptist Church [MPBC], the C.D. Spangler Foundation, Inc. [Foundation] and Queens College, Inc. [collectively “respondents”] summary judgment on a petition for declaratory judgment to determine the rights of the petitioner-homeowners to enforce a restrictive covenant. Petitioners assign as error the trial judge’s granting of summary judgment to respondents after concluding, inter alia, that: 1) real property that was restricted to…