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Raintree Homeowners Association v. Bleimann

North Carolina Supreme Court

342 N.C. 159, 463 S.E.2d 72 (1995)

Facts

Karl and Rena Bleimann (defendants) decided to replace their house’s original wood siding with vinyl. As they were required to do by their subdivision’s restrictive covenants, the Bleimanns applied for permission from the subdivision’s architectural review committee (ARC). The ARC had previously turned down a similar application. In the course of processing that application, the ARC investigated vinyl siding’s characteristics and concluded that vinyl was not harmonious with the subdivision’s architectural style and wooded setting. The Bleimanns assured the ARC that they had selected a higher-grade vinyl that could replicate wood’s desirable qualities, and that their immediate neighbors did not object to their plan. Nevertheless, the ARC turned down the Bleimanns’ application. When the Bleimanns proceeded with their project anyway, the Raintree Homeowners Association, Inc. (Raintree) (plaintiff) sued to stop them. The trial jury returned its verdict for the Bleimanns. The trial court denied Raintree’s motion for a judgment notwithstanding the verdict (JNOV) and was affirmed by an intermediate appellate court. Raintree appealed to the North Carolina Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Frye, J.)

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