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HERBERT v. POLLY RANCH HOMEOWNERS ASS'N

No. 01-95-00702-CV.

943 S.W.2d 906 (1996)

Paige HERBERT and Charleta Dunn, Appellants, v. POLLY RANCH HOMEOWNERS ASSOCIATION, Appellee.

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

Dissenting opinion on denial of rehearing January 23, 1997.

Attorney(s) appearing for the Case

Robert Clements, Alvin, for Appellants.

Marilyn Mieszkuc, Houston, for Appellee.

Before O'CONNOR, COHEN and WILSON, JJ.

Dissenting opinion on denial of rehearing by Justice Wilson, January 23, 1997.

OPINION

O'CONNOR, Justice.

The issue presented by this case is whether building two, single family homes on a single platted lot violates a subdivision restriction. The appellee, Polly Ranch Homeowners Association (the association), filed a declaratory judgment requesting construction of its subdivision restrictions. Appellants...

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