Saccomanno v. Farb

VIC HALL, Justice.

I.J. Saccomanno and wife brought this action to enjoin Harold Farb from building a multi-story apartment complex on a 7.5-acre tract in the City of Houston, contending that under the doctrine of “reciprocal negative easements” defendant’s land is burdened with a deed restriction which prohibits its use for other than single-family, one-story residences. On motion of the defendant, summary judgment was rendered that plaintiffs take nothing. We affirm.

In a summary judgment proceeding the burden of proof is on the movant. Great American R. Ins. Co. v. San Antonio PI. Sup. Co.,…