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WWCH LDEF v. WILCHESTER WEST FUND

No. 01-03-00436-CV.

177 S.W.3d 552 (2005)

WILCHESTER WEST CONCERNED HOMEOWNERS LDEF, INC., Appellant, v. WILCHESTER WEST FUND, INC., Wilchester Club, and Wilchester Owners Committee, Appellees.

Court of Appeals of Texas, First District, Houston.

August 11, 2005.

Attorney(s) appearing for the Case

David Alfred Kahne, Houston, for Appellant.

John Bradley Mitchell, Stephanie L. Quade, Roberts, Markel & Folger, L.L.P., Marc D. Markel, Clayton R. Hearn, Roberts, Markel & Guerry, P.C., Houston, for Appellees.

Panel consists of Justices NUCHIA, JENNINGS, and KEYES.

OPINION ON MOTION FOR REHEARING

TERRY JENNINGS, Justice.

We grant appellant's motion for rehearing, withdraw our opinion dated June 17, 2004, and substitute this opinion in its place.

In this suit for declaratory relief, which concerns a dispute between a group of homeowners and the homeowners' associations of two neighboring subdivisions, appellant, Wilchester West Concerned Homeowners LDEF, Inc. (WWCH), challenges the trial court's rendition of...

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