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AIR PARK-DALLAS ETC. v. CROW BILLINGSLEY

No. 05-01-01689-CV.

109 S.W.3d 900 (2003)

AIR PARK-DALLAS ZONING COMMITTEE, Appellant/Cross-Appellee, v. CROW-BILLINGSLEY AIRPARK, LTD., Crow-Billingsley Berkeley, Ltd., Henry Billingsley, Lucy Billingsley, Appellees/Cross-Appellants.

Court of Appeals of Texas, Dallas.

July 16, 2003.

Attorney(s) appearing for the Case

David W. Elrod, Barbara L. Wohlrabe and Elizabeth L. Reding, Rochelle, Elrod, Hutcheson, LLP, Dallas, for Appellant.

Tod B. Edel and Christopher John Akin, Carrington Coleman, Sloman & Blumenthal, L.L.P., Dallas, for Appellee.

Before Justices WHITTINGTON, RICHTER and MALONEY.

OPINION

Opinion By Justice RICHTER.

The issues in this case surround the interpretation and application of certain restrictive covenants that appertain to all individual lots in a special use subdivision, namely a residential airpark. The cause was tried to the court below without a jury, and both parties appeal. The issues presented by both parties require this court to resolve jurisdictional questions, interpret the restrictive covenants at issue, resolve...

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