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TRAVIS HEIGHTS IMP. ASS'N v. SMALL

No. 13862.

662 S.W.2d 406 (1983)

TRAVIS HEIGHTS IMPROVEMENT ASSOCIATION, et al., Appellants, v. J.A. SMALL, Appellee.

Court of Appeals of Texas, Austin.

November 16, 1983.

Attorney(s) appearing for the Case

Thomas L. Butler and Craig Smith, Austin, for appellants.

Michael G. Mullen, Brown, Maroney, Rose, Baker & Barber, Austin, for appellee.

Before PHILLIPS, C.J., and EARL W. SMITH and GAMMAGE, JJ.

PHILLIPS, Chief Justice.

Travis Heights Improvement Association, and several Travis Heights Subdivision homeowners, appeal the judgment of the trial court, which, following a non-jury trial, denied appellants injunctive and declaratory relief as regards enforcement of a restrictive covenant.

We affirm.

The record reflects that in 1913 Travis Heights Subdivision was created; this subdivision is a part of the City of Austin. Among the restrictive covenants...

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