SACCOMANNO v. FARB

No. 5237.

492 S.W.2d 709 (1973)

I. J. SACCOMANNO and Shirley Saccomanno, Appellees, v. Harold FARB, Appellant.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 12, 1973.


Attorney(s) appearing for the Case

Saccomanno, Clegg, Martin & Kipple, Bruce L. James, Houston, for appellant.

Butler, Binion, Rice, Cook & Knapp, Tom Alexander, Houston, for appellees.


VIC HALL, Justice.

I. J. Saccomanno and wife brought this action to enjoin Harold Farb from building a multi-story apartment complex on a 7.5-acre tract in the City of Houston, contending that under the doctrine of "reciprocal negative easements" defendant's land is burdened with a deed restriction which prohibits its use for other than single-family, one-story residences. On motion of the defendant, summary judgment was rendered that plaintiffs take nothing. We affirm...

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