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CARRITHERS v. TERRAMAR BEACH COM. IMP. ASS'N

No. C-1066.

645 S.W.2d 772 (1983)

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

Supreme Court of Texas.

Rehearing Denied March 9, 1983.

Attorney(s) appearing for the Case

Fred A. Lange, Houston, for petitioners.

Robert M. Moore, Galveston, for respondent.

RAY, Justice.

Terramar sought and obtained a permanent injunction prohibiting the defendants, Ed Carrithers and Robert Coulter, from constructing a marina partially on their land, but mostly in a submerged "turning basin" in which the plaintiff, Terramar Beach Subdivision, Inc., claims an easement. The trial court determined Terramar owned a perpetual, irrevocable and exclusive easement over all the submerged land in the turning basin and found the proposed marina...

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