HE Butt Grocery Company v. Justice

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant HEB from declaratory judgment holding a restrictive covenant against use of land for the purpose of cpnducting a foodstore, did not prohibit use of such land for parking, ingress, and egress for and to a grocery supermarket to be located on unrestricted land adjacent to the restricted tract,- all in the City of Waco.

Plaintiffs Justice, et al sued defendant HEB for declaratory judgment to construe and declare that a use restriction on plaintiffs’ property does not preclude the property’s use for parking, ingress and egress for a…