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MacDONALD v. PAINTER

No. B-944.

441 S.W.2d 179 (1969)

George G. MacDONALD et al., Petitioners, v. Theo S. PAINTER, Jr., et al., Respondents.

Supreme Court of Texas.

May 7, 1969.

Attorney(s) appearing for the Case

Clark, Thomas, Harris, Denius & Winters, J. Sam Winters and Mary Joe Carroll, McGinnis, Lochridge, Kilgore, Byfield, Hunter & Wilson, Robert C. McGinnis and John W. Stayton, Jr., Austin, for petitioners.

Harry M. Whittington, Charles M. Babb, Austin, for respondents.

POPE, Justice.

Petitioners, George G. MacDonald and Kerry G. Merritt, as owners of three lots in the Mira Loma Subdivision to the City of Austin, instituted this suit for declaratory judgment against the owners of the twenty-seven other lots in the subdivision. They asked for a declaration that their three lots are not burdened with restrictions which prohibit their resubdividing the lots into six lots and thereafter constructing a duplex on each lot. The trial court...

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