SHORT v. MAISEN

No. 8370.

494 S.W.2d 940 (1973)

Benny R. SHORT, Appellant, v. J. E. MAISEN et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

May 14, 1973.


Attorney(s) appearing for the Case

Anderson, Edwards & Warnick, J. Q. Warnick, Jr., Lubbock, for appellant.

Nelson, McCleskey, Harriger & Brazill, Jerry M. Kolander, Jr., Lubbock, for appellees.


REYNOLDS, Justice.

Defendant-appellant was temporarily enjoined both from construction of a building admittedly intended to be used for, and from engaging in, a commercial business on his premises designated residential and impressed with dedication deed restrictions against commercial enterprises. The complaint made is that the portion of the temporary injunction enjoining defendant from construction of the building exceeded the restricted free use of his property...

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