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RAKOWSKI v. COMM., PROT. CLEAR CREEK VILL.

No. 14-05-01143-CV.

252 S.W.3d 673 (2008)

Robert A. RAKOWSKI, Appellant, and Clear Creek Civic Association, Inc., Appellants/Cross-Appellee, v. COMMITTEE TO PROTECT CLEAR CREEK VILLAGE HOMEOWNERS' RIGHTS and Preserve Our Park, Appellee/Cross Appellant.

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

April 3, 2008.

Attorney(s) appearing for the Case

Darren R. Rice, Michael Dennis Wisdom, Charles A. Daughtry, Houston, for appellants/cross-appellee.

A.G. Crouch, Alvin, Ervin A. Apffel, Jr., Galveston, for appellee/cross-appellant.

Panel consists of Justices FOWLER, FROST, and EDELMAN.

SUBSTITUTE PLURALITY OPINION

RICHARD H. EDELMAN, Senior Justice (Assigned).

Appellants' motion for rehearing is overruled, the Plurality Opinion issued in this case on December 20, 2007 is withdrawn, and the following Substitute Plurality Opinion is issued in its place.

In this subdivision property dispute, the parties each appeal a summary judgment entered for the other on the grounds that the trial court erred in ruling that: (1) the Clear Creek...

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