U.S. v. BILLINGSLEY

No. 09-40734.

615 F.3d 404 (2010)

UNITED STATES of America, Plaintiff-Appellee v. Henry BILLINGSLEY, Lucy Billingsley; David Noell; Lucilio Pena; Air Park GP, L.L.C.; Crow-Billingsley Air Park, Ltd.; Air Park-Dallas Zoning Committee, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 16, 2010.


Attorney(s) appearing for the Case

Christopher Chen-Hsin Wang (argued), Dana Mulhauser, Mark Lenard Gross, Deputy Chief Counsel, U.S. Dept. of Justice, Civ. Rights Div., App. Section, Washington, DC, J. Kevin McClendon, Plano, TX, for U.S.

Marion Fletcher Reynolds, Jr., Bowie, TX, for Henry and Lucy Billingsley, Pena and Air PArk-Dallas Zoning Committee.

Merwyn Duane Price, Law Offices of Marty D. Price, Dallas, TX, for Noell.

Kenneth Edwin Carroll (argued), Tod B. Edel, Carrington, Coleman, Sloman & Blumenthal, L.L.P., Dallas, TX, for Air Park GP, L.L.C., Crow-Billingsley Air Park, Ltd. and Air Park-Dallas Zoning Committee.

Before SMITH, WIENER, and ELROD, Circuit Judges.


WIENER, Circuit Judge:

This case involves a dispute between, on the one hand, a married couple who own and occupy a home in Air Park subdivision ("the Picks") and, on the other hand, that subdivision's zoning and covenants compliance authority, viz., the Air Park—Dallas Zoning Committee, as well as its four members, Air Park GP, L.L.C., and Crow-Billingsley Air Park, Ltd. (collectively, "the Committee") over a footbridge that the Picks installed on their...

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