Public-domain · open source
OpenJurist

195 N.C. 652

143 S.E 212

Higgins v. Hough

Supreme Court of North Carolina

Decided May 23, 1928

Supreme Court of North Carolina · decided 1928-05-23

Good law ✅— No negative treatment on recordhow we know

Decided 1928-05-23

How this case has been cited

Cited by 6 later decisions — most recently March 2016

3 state decisions

201928193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Brogden, J.

¶1There is no allegation and no finding of fact to the effect that the property in controversy was a part of a general plan or scheme. The trial judge found as a fact that by reason of the growth and expansion of the city the essential nature and character of the property *654has been changed. The record discloses ample evidence to support the findings of the trial judge. These findings of fact bring the case squarely within the principle announced by this Court in Starkey v. Gardner, 194 N. C., 74, 138 S. E., 408. In that ease it was said: “The weight of authority is to the effect that if substantial, radical and fundamental changes have taken place in a development protected by restrictive covenants that courts of equity will not enforce the restriction. The underlying reason is, we apprehend, that such changes destroy the uniformity of the plan and the equal protection of the .restriction.”

¶2The authorities upon the subject are set out in the Starkey case and we deem it unnecessary to repeat them here.

¶3Affirmed.

/195/nc/652 · .json · Public domain