CITY OF HOUSTON v. MUSE

No. 01-89-00487-CV.

788 S.W.2d 419 (1990)

CITY OF HOUSTON, Appellant, v. Paul MUSE and Lila Muse, d/b/a L & P Sales and Service, Appellees.

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

April 5, 1990.


Attorney(s) appearing for the Case

Clarance A. West and Edwin Taylor Grauke, Houston, for appellant.

James Sean Healey, Houston, for appellees.

Before EVANS, C.J., and HUGHES and COTTEN, JJ.


OPINION

COHEN, Justice.

The City of Houston sued the Muses to enjoin them from operating a business in violation of a covenant restricting property use to residential purposes only. The trial judge found that the Muses breached the covenant by using the premises as a business. He also found against them on their affirmative defenses of waiver and limitations, but found for them on the defense of laches. For its...

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