Legal Opinion

Turner v. England

Texas Court of Appeals, 11th District (Eastland)

Decided February 4, 1982No. 11-81-068-CVPublishedCited by 7 opinions

1Opinion of the Court

DICKENSON, Justice.

The controlling issue is whether a concrete slab is a “structure” which is prohibited by a restrictive covenant.

The property owners, Malcolm and Jo Ann Turner, began construction of a $40,-000 tennis court on their lot. The neighbors, Richard W. England and others, 1 secured a permanent injunction 2 which commanded the owners “to cease and desist and refrain from constructing a tennis court ... in any manner that does not comply with paragraph 10 of the restrictive covenants ....” 3 The property owners appeal the judgment which was rendered on January 20,1981, following a…

2Cases cited9 opinions

  1. Davis v. HueyTexas Supreme Court · 1981
  2. Baker v. HendersonTexas Supreme Court · 1941
  3. Southampton Civic Club v. CouchTexas Supreme Court · 1958
  4. Stewart v. WelshTexas Supreme Court · 1944
  5. Williams v. Inspector of Buildings of BelmontMassachusetts Supreme Judicial Court · 1960

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3Cited by7 opinions

  1. Voice of Cornerstone Church Corp. v. Pizza Property Partners, Texas Court of Appeals, 3rd District (Austin)2005
  2. DeNina v. Bammel Forest Civic Club, Inc.Court of Appeals of Texas · 1986
  3. Wilcox v. WilmothCourt of Appeals of Texas · 1986
  4. DeNina v. Bammel Forest Civic Club, Inc.Court of Appeals of Texas · 1986
  5. Stage Run Owners Association, Inc. (Appellant/Cross-Appellee) v. Davinder Singh Baines and Parmjit K. Baines (Appellee/Cross-Appellant) and KB Home Lone Star, L.P., (Cross-Appellee), Texas Court of Appeals, 4th District (San Antonio)2010

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