Oldfield v. City of Houston

OPINION

WANDA McKEE FOWLER, Justice.

This is a suit by the City of Houston against William Oldfield for violations of a restrictive covenant. Oldfield appeals from a summary judgment that was granted in the City’s favor. The primary issues are (1) whether Oldfield violated certain deed restrictions, (2) whether the City’s enforcement of those deed restrictions is a proprietary or governmental function, and (3) if the City’s enforcement is proprietary, whether Oldfield has raised a fact issue on his affirmative defenses of waiver, abandonment/changed conditions, and estoppel. We hold that a fact…