Legal Opinion
Russell v. Donaldson
Court of Appeals of North Carolina
Decided September 4, 2012No. COA12-183PublishedCited by 20 opinions
1Opinion of the Court
STEELMAN, Judge. '
The provisions of the restrictive covenants prohibiting the use of real property for commercial or business purposes do not prohibit short term vacation rentals. The trial court properly granted summary judgment in favor of defendants.
*703I. Factual and Procedural History
Plaintiffs and the defendants, other than The Forest at Blowing Rock Property Owners Association, Inc., (POA) all own real property in The Forest at Blowing Rock, a residential development in Caldwell County, which is subject to restrictive covenants.
Item 1 of the restrictive covenants states: “All lots shall be…
2Cases cited10 opinions
- Yogman v. ParrottOregon Supreme Court · 1997
- J. T. Hobby & Son, Inc. v. Family Homes of Wake County, Inc.Supreme Court of North Carolina · 1981
- Slaby v. Mountain River Estates Residential Ass'nCourt of Civil Appeals of Alabama · 2012
- Metcalf v. Black Dog Realty, LLCCourt of Appeals of North Carolina · 2009
- Hawthorne v. Realty Syndicate, Inc.Supreme Court of North Carolina · 1980
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Houston v. Wilson Mesa Ranch Homeowners Association, IncColorado Court of Appeals · 2015
- Santa Monica Beach Property Owners Ass'n v. AcordDistrict Court of Appeal of Florida · 2017
- Craig Tracts v. Brown DrakeMontana Supreme Court · 2020
- Forshee v. NeuschwanderCourt of Appeals of Wisconsin · 2017
- O'Neil v. Conejos County Board of CommissionersColorado Court of Appeals · 2017
15 more not listed; retrieve them via the Exa API.