Permian Basin Centers for Mental Health & Mental Retardation v. Alsobrook

OPINION

SCHULTE, Justice.

This case concerns the enforcement of a restrictive covenant contained in a deed. Appeal is from the judgment prohibiting Appellants from operating a family home in Odessa, Texas, for six mentally retarded adults. The trial court, without a jury, held that the covenant would be violated by the proposed use. We reverse and render.

On August 31, 1985, Permian Basin leased the Liphams’ home in the Parker Heights Addition of Odessa, Texas, for use as a residential family home for six mentally retarded adults. The house is a 2,048 square foot, single-story, single-family…