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DEMPSEY v. APACHE SHORES PROPERTY OWNERS

No. 14555.

737 S.W.2d 589 (1987)

Donald DEMPSEY, et al., Appellants, v. APACHE SHORES PROPERTY OWNERS ASSOCIATION, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied October 14, 1987.

Attorney(s) appearing for the Case

Jay A. Thompson, Clark, Thomas, Winters & Newton, Austin, for appellants.

James O. Guleke, II, Daugherty, Kuperman, Golden & Morehead, Austin, for appellee.

Before GAMMAGE, ABOUSSIE and SMITH JJ.

GAMMAGE, Justice.

This is an appeal from a permanent injunction prohibiting Donald Dempsey and Village Homes, Inc. (referred to collectively as "Dempsey") from placing mobile homes in the Apache Shores Subdivision on any lots except those where mobile homes are expressly permitted by the restrictive covenants. The injunction order was signed following a jury trial at which the jury found that Dempsey intended to place mobile homes on lots where mobile homes are not...

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