Runyon v. Paley

COZORT, Judge.

Plaintiffs sued to enforce a restrictive covenant in an effort to prevent development of a tract of land by defendants. The trial court granted defendants’ motion to dismiss for failure to state a claim upon which relief could be granted. We affirm, finding that plaintiffs are not entitled to enforce the covenant in question.

The case below involves a tract of land on Ocracoke Island known as the “Gaskins lot.” That lot is bounded to the east by Pamlico Sound and to the west by a paved road now designated as State Road 1328. By deed dated 9 January 1960, Ruth Bragg Gaskins…