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TANGLEWOOD HOMES ASS'N, INC. v. FELDMAN

Nos. 14-11-01088-CV, 14-11-01089-CV.

436 S.W.3d 48 (2014)

TANGLEWOOD HOMES ASSOCIATION, INC., Appellant v. Stewart A. FELDMAN, Marla B. Feldman, and Michael T. Kelly, Trustee, Appellees. Stewart A. Feldman, Marla B. Feldman, and Michael T. Kelly, Trustee, Appellants v. Tanglewood Homes Association, Inc., Appellee.

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

Rehearing and Rehearing En Banc Overruled July 31, 2014.

Attorney(s) appearing for the Case

Michael D. Hudgins , Houston, for Tanglewood Homes Association, Inc.

Wanda Fowler , John R. Craddock , Mitchell Katine , Houston, for Stewart A. Feldman, Maria B. Feldman and Michael T. Kelly, Trustee.

Panel consists of Chief Justice KEM THOMPSON FROST, not participating, Justice JEFFREY BROWN, and Justice J. BRETT BUSBY.

OPINION1

J. BRETT BUSBY, Justice.

These consolidated appeals arise out of a protracted dispute between Stewart and Marla Feldman and Tanglewood Homes Association, Inc. over the Feldmans' desire to expand their home. When the Association rejected the Feldmans' expansion plans as a violation of the Tanglewood Deed Restrictions, the Feldmans filed suit. Michael T. Kelly, the trustee for a trust that owned the adjacent lot...

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