CARRITHERS v. TERRAMAR BEACH COMMUNITY, ETC.

No. 18026.

630 S.W.2d 648 (1981)

C. Ed CARRITHERS and Robert G. Coulter, Appellants, v. TERRAMAR BEACH COMMUNITY IMPROVEMENT ASSOCIATION, INC., Appellee.

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

Rehearing Denied January 7, 1982.


Attorney(s) appearing for the Case

Fred A. Lange, Houston, for appellants.

Robert M. Moore, Houston, for appellee.

Before EVANS, C. J., and DOYLE and STILLEY, JJ.


EVANS, Chief Justice.

The defendants appeal from a permanent injunction prohibiting them from constructing a marina on their land and in a submerged "turning basin" of the Terramar Beach Subdivision in Galveston County.

The trial court determined that the plaintiff owned a perpetual, irrevocable and exclusive easement over all the submerged land in the turning basin and found that the proposed marina would infringe on the plaintiff's easement rights.

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