Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Winters v. Echo Farms, LLC

United States District Court, E.D. North Carolina, Southern Division

September 14, 2017

HENRY G. WINTERS and IRIS L. WINTERS, Trustees of the Henry G. Winters and Iris L. Winters Revocable Living Trust Dated January 13, 2005; SCOTT A. HILLMAN and wife, BETH ANN HILLMAN; ECHO FARMS RESIDENTS ASSOCIATION, INC; ELIZABETH C. VINAL; PHILIP CHRYST and wife, DEANNE CHRYST; and KENNETH J. WOLFE, JR. and wife, JILL S. WOLFE, Plaintiffs,
v.
ECHO FARMS, LLC, Defendant.

          F. Murphy Averitt, III Attorney for Plaintiffs

          Zipporah B.Edwards Attorney for Defendant

          CONSENT JUDGMENT

          JAMES C. DEVER III Chief United States District Judge

         Pursuant to the Motion for, Entry of Consent Judgment filed herein, the parties to this action have agreed to resolve the claims and counterclaims as set forth below. Therefore, with the consent of the parties, the Court hereby makes the following findings of fact, conclusions of law and orders and decrees as follows:

         FINDINGS OF FACT

         Procedural Status

         1. Plaintiffs instituted the instant action by filing a Summons and Complaint in Superior Court in New Hanover County, North Carolina, File No. 16 CVS 4382 seeking the enforcement of certain Restrictions (defined below).

         2. Defendant (or "Echo Farms") removed the action to this Court and filed a timely Answer denying the allegations of the Complaint and asserting a Counterclaim requesting that the Court declare the Restrictions (as defined below) invalid and unenforceable.

         3. Plaintiffs filed a timely Reply to Defendant's Counterclaim.

         4. Currently pending before the Court are Plaintiffs' Motion to Remand, Motion for Preliminary Injunction and Motion to Dismiss.

         The Property and the Restrictions at Issue

         5. By deed dated April 9, 1973 and recorded on April 27, 1973 in Book 969, Page 285 of the New Hanover County Public Registry[1] (the "1973 Deed"), and subsequently corrected by deed recorded on June 17, 1974 in Book 1007, Page 278, Echo Farms Joint Venture (comprised of Echo Farm Development Corporation and Wilmington Homes, Inc.) conveyed two tracts of land consisting of a total of approximately 117.28 acres to Echo Farms Golf and Country Club, Inc. ("the Echo Farms Deed", the "Property").

         6. At issue in this action are certain provisions in the 1973 Deed identified as "restrictions, covenants and conditions" which provide, in part:

The Property shall be used for the purpose of operating and maintaining a golf course and other necessary and related facilities for the benefit of purchasers of lots from party of the first part [Echo Farms Joint Ventures], their guests and others provided that said purchasers become and remain members in good ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.