Belmont Ass'n v. Farwig
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The Supreme Court reversed the decision of the court of appeals affirming the order of the trial court granting summary judgment to Belmont Association, Inc. on its claim for injunctive relief and dismissing Defendants' first counterclaim for declaratory judgment, holding that the court of appeals erred in its interpretation of N.C. Gen. Stat. 22B-20.
In its order, the trial court ruled that section 22B-20(d) applied to this action involving a binding agreement that runs with the land that would prohibit the location of solar collectors as described in section 22B-20(b) and that section 22B-20(c) was not applicable. The court of appeals affirmed. The Supreme Court reversed, holding that neither subsection (d) nor (c) of the statute applied and that the restriction at issue violated section 22B-20(b).
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