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GARDEN OAKS BOARD OF TRUSTEES v. GIBBS

No. 15975.

489 S.W.2d 133 (1972)

The GARDEN OAKS BOARD OF TRUSTEES et al., Appellants, v. Walter P. GIBBS, Jr., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 21, 1972.

Attorney(s) appearing for the Case

Crain, Winters, Houser & Deaton, James C. Winters, Houston, for appellants.

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

COLEMAN, Justice.

This is a restrictions case. After a trial to the court without a jury, judgment was entered requiring appellee to remove a fence constructed in his front yard, but refusing to require the removal of a carport constructed in violation of a building setback restriction. Findings of fact and conclusions of law were filed.

Appellants urge that there is no evidence to support the trial court's finding that appellants

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