Moore v. Smith

CALVERT, Chief Justice.

The respondents, as plaintiffs, sought a trial court judgment declaring that certain *553building and use restrictions imposed by a written instrument on lots in “Shadyside”, an exclusive residential subdivision of the City of Houston, were of permanent or indefinite duration, and, alternatively, for other relief, the nature of which is unimportant to our decision. Petitioners, as defendants, sought a judgment declaring that the restrictions would terminate on June 30, 1969, and, alternatively, that they were invalid, ineffective and unenforceable.

The trial court rendered…