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SARGENT v. SMITH

No. 09-92-306 CV.

863 S.W.2d 242 (1993)

Bob SARGENT and wife, Johnnie Sargent; Durwood Joseph Thevenote and wife, Corrie Sue Thevenote; C.W. Gilbreath and wife, Louise Gilbreath, Appellants, v. Walter H. SMITH, Appellee.

Court of Appeals of Texas, Beaumont.

September 30, 1993.

Attorney(s) appearing for the Case

Deborah Heaton McElvaney, Wells & Assoc., Houston, for appellant.

Larry Foerster-Darden, Fowler & Creighton, Conroe, for appellee.

WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

BROOKSHIRE, Justice.

A suit was filed below initially for declaratory relief under the Uniform Declaratory Judgment Act, TEX.CIV.PRAC. & REM.CODE Ann. § 37.001, et seq. (Vernon 1986). Appellee concedes that the appellants are owners of certain lots in the Lake Renee Subdivision which is located entirely in Montgomery County.

The appellants, inter alia, have sued under the "Restrictions and Covenants Pertaining to Lake Renee Subdivision...

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