Arthur v. Lake Tansi Village, Inc.

OPINION

BROOKS McLEMORE, Special Justice.

This case involves the question of whether there exist implied restrictive covenants running with the land which prohibit the defendant-respondent, hereinafter called the defendant, from removing or relocating certain recreational facilities, namely; (1) a marina which is to be relocated from the north shore of Lake Tansi, to the south shore, which would place a modern marina equipped to moor and service some 80 boats along a dam in close proximity to plaintiffs’ property; (2) a sand beach which has been destroyed, but which according to the defendant’s…