Mills v. HTL Enterprises, Inc.

ERWIN, Judge.

The plaintiffs objected and excepted to conclusions of law Numbers 1, 2, 3, 4, 5, and 6, and to the entry of the judgment based thereon, contending that the facts, as found by the Court, do not support the conclusions of law that the restrictions should not be enforced against the defendant. We agree with the plaintiffs, that the restrictive covenants found in plaintiffs’ and defendant’s chains of title are enforceable inter se by plaintiffs to prohibit the non-residential use proposed by defendant.

Our Supreme Court held in Elrod v. Phillips, 214 N.C. 472, 477, 199 S.E. 722,…