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DYEGARD LAND PARTNERSHIP v. HOOVER

No. 2-99-361-CV.

39 S.W.3d 300 (2001)

DYEGARD LAND PARTNERSHIP, Appellant, v. Robert L. HOOVER, Jr., Jackie Hoover, Donald Tye, and Cynthia Tye, Appellees.

Court of Appeals of Texas, Fort Worth.

January 11, 2001.

Attorney(s) appearing for the Case

Bourland, Kirkman, Seidler; Thomas M. Michel, Fort Worth, Attorney for Appellant.

Delfeld & Telford, PLLC; Randal L. Telford, Springtown, Attorney for Appellee.

PANEL A: CAYCE, C.J.; DAUPHINOT and GARDNER, JJ.

OPINION

GARDNER, Justice.

Owners of lots in a rural, residential subdivision sued the developer for a declaratory judgment that restrictive covenants applicable to their lots did not prohibit drilling wells for water. The developer appeals from a summary judgment in favor of the lot owners, contending that amended covenants, which it unilaterally executed and filed after the dispute arose, expressly prohibit the proposed water wells. Alternatively, the developer...

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