Cowling v. Colligan

HALE, Justice.

Appellants brought this suit as a class action under the Uniform Decláratory Judgments Act to test the validity of certain restrictive covenants relating to Post Oak Gardens, a subdivision in Harris County, Texas. The restrictions in controversy were designed primarily to prevent the use of the property in the addition for business purposes. Appellants sought by their suit to enjoin the projected business use of one of the lots in the subdivision by appellee, the owner of the lot, and to secure a judicial determination that the original restrictions placed against the use of the…