PILARCIK v. EMMONS

No. 96-1092.

966 S.W.2d 474 (1998)

Frank and Deborah PILARCIK, Petitioners, v. James R. EMMONS and Susie Emmons, Preston and Fern Hasty, Doug Johnson, Jim Kern, Mike and Kathy Kobos, Kelly and Susan Jones, and Troy and Nell Radford, Respondents.

Supreme Court of Texas.

Decided April 14, 1998.

Rehearing Overruled June 5, 1998.


Attorney(s) appearing for the Case

L. Kelly Jones, Bryan Thomas Cannon, Arlington, Matthew D. Goetz, Craig M. Price, G. Dennis Sheehan, Fort Worth, for Petitioners.

Anthony P. Jach, Arlington, for Respondents.


ABBOTT, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, HECHT, ENOCH, SPECTOR, OWEN, BAKER and HANKINSON, Justices, join.

A group of homeowners sued Frank and Deborah Pilarcik alleging that they violated neighborhood restrictive covenants by installing a composition-type shingle roof on their home. The trial court granted summary judgment requiring the Pilarciks to remove the composition shingles from their home, and the court of appeals...

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