Warrender v. Gull Harbor Yacht Club, Inc.

CALABRIA, Judge.

Defendants appeal from multiple orders and judgments entered by the trial court in favor of plaintiffs on claims involving the restrictive covenants governing the Gull Harbor subdivision (“Gull Harbor”). We affirm in part, reverse in part, vacate in part, and remand.

I. Factual and Procedural Background

On 11 April 1972, developer Walton W. Smith (“Smith”) acquired a large tract of land in Carteret County, North Carolina, intending to develop it into Gull Harbor. Gull Harbor included a marina (“the marina”), which was created by digging a basin and a channel from a portion of…