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SOUTHWEST INDUSTRIES v. GREENE HOME OWNERS

No. 20454.

608 S.W.2d 758 (1980)

SOUTHWEST INDUSTRIES INVESTMENT COMPANY, Appellant, v. The GREENE HOME OWNERS ASSOCIATION, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied December 4, 1980.

Attorney(s) appearing for the Case

Timothy Kline, Drew Neville, Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., David Fagg, Dallas, for appellant.

Randy A. Nelson, Thompson, Coe, Cousins & Irons, Dallas, for appellee.

Before AKIN, CARVER and STOREY, JJ.

CARVER, Justice.

The trial court granted summary judgment in favor of The Greene Home Owners Association, Inc., and against Southwest Industries Investment Company for (1) unpaid monthly lot-owner assessments, together with accrued interest and attorney's fees and (2) the restoration costs for damages to the common property of all lot-owners occasioned by Southwest's construction activity relative to its own lots. The summary judgment also denied Southwest's counterclaim...

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