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MORAN v. MEMORIAL POINT PROPERTY OWNERS

No. 14-12-00419-CV.

410 S.W.3d 397 (2013)

George A. MORAN, Jr. and Susan K. Moran, Appellants v. MEMORIAL POINT PROPERTY OWNERS ASSOCIATION, INC., Appellee.

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

July 30, 2013.

Attorney(s) appearing for the Case

Shelly Sitton , Livingston, Krystal Elaine Riley , Lufkin, for Appellants.

Robert Thomas Cain , Lufkin, Dennis Albert McQueen , Michael Andrew Harris , Houston, for Appellee.

Panel consists of Justices BROWN, CHRISTOPHER, and McCALLY.

OPINION

TRACY CHRISTOPHER, Justice.

In this appeal from the trial court's judgment following a nonjury trial, the defendant property owners challenge the trial court's enforcement of a restrictive covenant. They contend that the restriction prohibiting their construction of a fence within twenty-five feet of the platted building set-back line was abandoned, waived, or ambiguous, and that the trial court additionally...

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