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GIBBS v. GARDEN OAKS BOARD OF TRUSTEES

No. 394.

459 S.W.2d 478 (1970)

Walter P. GIBBS, Appellant, v. GARDEN OAKS BOARD OF TRUSTEES et al., Appellees.

Court of Civil Appeals of Texas, Houston.

Rehearings Denied November 9, 1970.

Attorney(s) appearing for the Case

Presley E. Werlein, Jr., Houston, for appellant.

Gordon W. Houser, Blades, Crain & Winters, Houston, for appellees.

SAM D. JOHNSON, Justice.

Suit by Garden Oaks Board of Trustees and other individual subdivision homeowners against Walter P. Gibbs, Jr., seeking a mandatory injunction to compel the removal of a fence and a portion of a carport asserted to have been constructed in violation of certain building line restrictions alleged to be applicable to a subdivision known as Garden Oaks, Section 2. After trial, which was to the court without a jury, the mandatory injunction prayed...

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