POOL v. RIVER BEND RANCH, LLC

No. 12-09-00291-CV.

346 S.W.3d 853 (2011)

Garland C. POOL, Jr., and Dolores Pool Herrington, s/p/a Dolores Hopson, Appellants, v. RIVER BEND RANCH, LLC, a Delaware Limited Liability Company, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled September 16, 2011.


Attorney(s) appearing for the Case

Steven R. Green , for Appellants.

Martin R. Bennett , Athens, for Appellee.

Mark E. Stradley , Dallas, for Intervener.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


OPINION

JAMES T. WORTHEN, Chief Justice.

Garland C. Pool, Jr. and his sister, Dolores Pool Herrington (collectively Appellants), appeal the trial court's issuance of a permanent injunction prohibiting them from operating an all-terrain vehicle (ATV) park on their 3,000 acre ranch. In two issues, Appellants contend that the trial court erred in determining that the noise from their ATV park constituted a nuisance and that the injunction was overbroad...

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