Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve Our Park

SUBSTITUTE PLURALITY OPINION

RICHARD H. EDELMAN, Senior Justice (Assigned).

Appellants’ motion for rehearing is overruled, the Plurality Opinion issued in this case on December 20, 2007 is withdrawn, and the following Substitute Plurality Opinion is issued in its place.

In this subdivision property dispute, the parties each appeal a summary judgment entered for the other on the grounds that the trial court erred in ruling that: (1) the Clear Creek Village Subdivision’s (the “Subdivision”) restrictive covenants attached to the Claiborne Park property (the “Park”) and (2) the Clear Creek Village…