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APRIL SOUND MANAGEMENT CORP. v. PROPERTY OWNERS FOR APRIL SOUND, INC.

No. 07-03-0229-CV.

153 S.W.3d 519 (2004)

APRIL SOUND MANAGEMENT CORP., Appellant, v. CONCERNED PROPERTY OWNERS FOR APRIL SOUND, INC., a Texas Non-profit Corporation and Developer for April Sound Subdivision, Appellee.

Court of Appeals of Texas, Amarillo.

March 23, 2004.

Attorney(s) appearing for the Case

Jackson D. Wilson II, Christopher M. McDowell, Brown McCarroll, L.L.P., Dallas, for Appellant.

Richard A. Sheehy, Sheehy, Serpe & Ware, P.C., Houston, for Appellee.

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

OPINION

DON H. REAVIS, Justice.

April Sound Management Corp. appeals from a judgment rendered on a traditional motion for summary judgment declaring that Concerned Property Owners for April Sound, Inc. (CPO, Inc.), as developer, may, pursuant to the deed restrictions applicable to the April Sound Subdivision at any time and from time to time, adjust, alter, waive, discontinue, or abandon all or any part of the maintenance charge, including without limitation...

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