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SUGAR CREEK HOMES ASS'N v. BERRY

No. 17443.

590 S.W.2d 590 (1979)

SUGAR CREEK HOMES ASSOCIATION, Appellant, v. Lavinia B. BERRY, Appellee.

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

October 18, 1979.

Attorney(s) appearing for the Case

Scherer, Roberts, Slone, Gresham & Lytle, Charles R. Slone, Richmond, for appellant.

George M. Karam, Fulbright & Jawarski, Robert A. MacInnes, Bernard L. Hebinck, Houston, for appellee.

Before COLEMAN, C. J., and WALLACE and DOYLE, JJ.

COLEMAN, Chief Justice.

This is an appeal from a summary judgment entered in a suit brought for the purpose of enforcing building set-back lines established for a residential subdivision. The appellant, Sugar Creek Homes Association (Sugar Creek), as the representative of the owners of lots in the Sugar Creek subdivision, sought a mandatory injunction to require appellee, Lavinia B. Berry (Berry), to remove the portion of a fence on her lot which the appellant asserts...

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