Opinion

Village of Pinehurst v. Regional Investments of Moore, Inc.

97 N.C. App. 114
387 S.E.2d 222
1990 N.C. App. LEXIS 27

Court: Court of Appeals of North Carolina
Filed: Jan 16, 1990
Status: Published
Author: Phillips
On the bench: Becton, Phillips
Cited by: 2 cases

The opinion

Judge Phillips

dissenting.

In my opinion: (1) The right of first refusal granted by the 1973 consent judgment is valid and legally binding upon the parties; (2) the rule against perpetuities does not apply to the circumstances recorded; and (3) because of its, and its predecessors’, acceptance of the benefits of the consent judgment Pinehurst Enterprises, Inc. is estopped from disputing its validity.

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