Legal Opinion

McAshan v. River Oaks Country Club

Texas Court of Appeals, 1st District (Houston)

Decided December 9, 1982No. 01-82-0021-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

STILLEY, Justice.

This is a suit by the S.M. McAshans (McAshans) to permanently enjoin River Oaks Country Club (River Oaks) from constructing a paved parking lot near appellants’ yard or using certain property north of their home for any purpose other than a golf course.

The court, after a non jury trial, refused to enjoin the construction and use of the parking lot, but permanently enjoined River Oaks from constructing or erecting any improvements, except those that are usual and customary for the improvement or maintenance of a golf course proper, on that portion of the Club property…

2Cases cited8 opinions

  1. Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
  2. F. J. Harrison & Co. v. BoringTexas Supreme Court · 1875
  3. Oswald v. GrenetTexas Supreme Court · 1858
  4. Storms v. TuckTexas Supreme Court · 1979
  5. Lamar County v. ClementsTexas Supreme Court · 1878

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3Cited by8 opinions

  1. Freedman v. Briarcroft Property Owners, Inc.Court of Appeals of Texas · 1989
  2. Deep East Texas Regional Mental Health & Mental Retardation Services v. Kinnear, Texas Court of Appeals, 9th District (Beaumont)1994
  3. Shipp v. Stoker, Texas Court of Appeals, 6th District (Texarkana)1996
  4. Gulf Ins. Co. v. Cherry, Texas Court of Appeals, 5th District (Dallas)1986
  5. Cambridge Holdings, Ltd.// the Cambridge Condominiums Council of Owners v. the Cambridge Condominiums Council of Owners// Cross-Appellee, Cambridge Holdings, Ltd., Texas Court of Appeals, 3rd District (Austin)2010

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