JENNINGS v. BINDSEIL

No. 03-06-00371-CV.

258 S.W.3d 190 (2008)

Johnie JENNINGS, Appellant, v. Carolyn BINDSEIL, Dan Bindseil, Jannalyn Welch, Julian Welch, Allen Knodel, Betty Knodel, Dale A. Friesenhahn, Horacio Ayala, Richard Aramendia, Daryl Payne, Melinda Payne, Deanna S. Wilson, Rodney Wilson, D.M. Stuller, William Hall, Clyde Marbach, Kurt Menking, Katherine Swoboda, Don Wallace, and Charles Wittler, Appellees.

Court of Appeals of Texas, Austin.

February 22, 2008.


Attorney(s) appearing for the Case

Carmen Samaniego, San Antonio, Susan Larsen, Flahive, Ogden & Latson, Austin, for Appellant.

Crystal A. Bannin, Law office of Crystal A. Bannin, Jeff D. Small, Law Office of Jeff Small, San Antonio, for Appellee.

Before Chief Justice LAW, Justices WALDROP and HENSON.


OPINION

DIANE HENSON, Justice.

Johnie Jennings appeals from a summary judgment granted in favor of a coalition of landowners on Bindseil Lane in Comal County, Texas.1 The Bindseil Landowners brought suit against Jennings under the Texas Declaratory Judgment Act (TDJA) and the Texas Property Code, seeking a declaratory judgment that a certain structure placed by Jennings on his property violated a deed restriction prohibiting...

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