Appeal by defendant High Point Associates Limited Partnership from judgment entered 20 October 1993 by Judge Howard R. Greeson, Jr. in Guilford County Superior Court. Heard in the Court of Appeals 11 January 1995.
Plaintiffs own real property in a subdivision subject to restrictive covenants.
The individual defendants, who did not appeal, own the real property located within the subdivision that is the focus of this lawsuit and which is also subject to the same restrictive covenants as plaintiffs' property. These tracts adjoin the property involved in this action, but are not part of the subdivision and are not subject to any restrictive covenants. After a hearing without a jury upon the evidence in the record, the trial court entered judgment for plaintiffs. For the reasons stated below, we affirm the trial court's entry of judgment. The trial court made a finding of fact that the construction of the drainage system constituted a non-residential use of the restricted property.