Village of Pinehurst v. Regional Investments of Moore, Inc. , 97 N.C. App. 114 ( 1990 )

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.