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TURNER v. ENGLAND

No. 11-81-068-CV.

628 S.W.2d 213 (1982)

Malcolm TURNER et ux., Appellants, v. Richard W. ENGLAND et al., Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Denied February 24, 1982.

Attorney(s) appearing for the Case

Joseph W. Geary and D. Ronald Reneker, Geary, Stahl & Spencer, Dallas, for appellants.

Robert L. Dillard III, Saner, Jack, Sallinger & Nichols, Allen R. Morris, Dallas, for appellees.

DICKENSON, Justice.

The controlling issue is whether a concrete slab is a "structure" which is prohibited by a restrictive covenant.

The property owners, Malcolm and Jo Ann Turner, began construction of a $40,000 tennis court on their lot. The neighbors, Richard W. England and others,1 secured a permanent injunction2 which commanded the owners "to cease and desist and refrain from constructing a tennis...

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