Truong v. City of Houston

OPINION ON MOTION FOR REHEARING

SHERRY RADACK, Justice.

We deny appellants’ motion for rehearing, but withdraw our opinion and judgment dated November 14, 2002, and substitute this opinion in its stead.

This case arises from the City of Houston’s (Houston) suit to enjoin appellants from any commercial activity on their property. The trial court granted Houston’s motion for summary judgment, which sought to enforce a deed restriction encumbering appellants’ property. Appellants appeal from the grant of summary judgment. We hold that (1) Houston was acting in its governmental function, and (2)…