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OLDFIELD v. CITY OF HOUSTON

No. 14-98-00840-CV.

15 S.W.3d 219 (2000)

William OLDFIELD, Appellant, v. The CITY OF HOUSTON, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled May 4, 2000.

Attorney(s) appearing for the Case

David W. Waddell, Thomas Michael Pickford, Houston, for appellant.

Electra Elliot, Houston, for appellee.

Panel consists of Justices FOWLER, EDELMAN and FROST.

OPINION

WANDA McKEE FOWLER, Justice.

This is a suit by the City of Houston against William Oldfield for violations of a restrictive covenant. Oldfield appeals from a summary judgment that was granted in the City's favor. The primary issues are (1) whether Oldfield violated certain deed restrictions, (2) whether the City's enforcement of those deed restrictions is a proprietary or governmental function, and (3) if the City's enforcement is proprietary, whether...

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