Quimbee logo
DMCA.com Protection Status

Smith v. Butler Mountain Estates Property Owners Association, Inc.

90 N.C. App. 40 (1988)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

Smith v. Butler Mountain Estates Property Owners Association, Inc.

North Carolina Court of Appeals

90 N.C. App. 40 (1988)

Facts

Butler Mountain Estates was a residential development with a number of restrictive covenants. One covenant required all houses to have a habitable floor space on the main level of at least 1100 square feet. Another covenant stated that all housing plans had to be approved by the Butler Mountain Estates Property Owners Association, Inc. (the association) (defendant). The association created an architectural-review committee, which was responsible for reviewing all proposed housing plans. Daniel and Alice Smith (plaintiffs) owned a lot in Butler Mountain Estates. The Smiths submitted plans for a geodesic-dome house to the review committee, but the plans were rejected for not meeting the minimum square-footage requirement. The committee also stated that the Smiths’ proposed house was a marked departure from the existing houses in the development. Indeed, the proposed house had an irregular, domed roofline, whereas the existing houses had conventional, horizontal rooflines. The Smiths subsequently brought suit against the association, seeking a declaratory judgment and injunctive relief. The trial court granted the association’s motion to dismiss, and the Smiths appealed.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership