RUNYON V. PALEY AND MIDGETT REALTY
331 N.C. 293 (1992)
NATURE OF THE CASE: This was a dispute over the construction of condos on property
allegedly restricted against such construction.
FACTS: Gaskin acquired property and by various deeds conveyed out several lots which were
later developed for residential use. Land was also conveyed to Runyon then reconveyed and
conveyed back again. The next day the remainder of the parcel in question was conveyed to
Brugh with restrictions as listed on page 513 Rabin 4th. By mesne conveyances, Paley (D)
acquired the property conveyed by Gaskins to Brugh. D then entered into a partnership with
Midgett Realty and began constructing condos on the property. P sued to enjoin the violation
of the restrictive covenants. D moved to dismiss. D's motion to dismiss was granted and the
Court of Appeals affirmed. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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