No. 14-00-01575-CV.

65 S.W.3d 277 (2001)

AMERICAN GOLF CORPORATION d/b/a Walden on Lake Houston Golf and Country Club, Appellant, v. Joy COLBURN and James Colburn, Appellees.

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

November 29, 2001.

Attorney(s) appearing for the Case

Daniel J. Kasprzak, Thomas Duncan Kennedy, Houston, for appellant.

Thomas A. Niederhofer, Baytown, for appellees.

Panel consists of Justices YATES, EDELMAN, and WITTIG.


DON WITTIG, Senior Justice.

This is an appeal from a declaratory judgment action construing a restrictive covenant regulating the collection of fees charged to homeowners by their subdivision's country club. After a bench trial, the court below held the imposition of a quarterly "Minimum Spending Charge" imposed by the country club to be unauthorized. We review the construction of the covenant de novo and affirm.



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