Skipper Lay and Ellis Lay v. Francis J. Whelan

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-03-00115-CV Skipper Lay and Ellis Lay, Appellants v. Francis J. Whelan, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT NO. GN001490, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING MEMORANDUM OPINION Skipper and Ellis Lay appeal the judgment of the trial court denying their request for an injunction to prevent their neighbor Francis J. Whelan from constructing a large structure behind his home. We hold the evidence is legally and factually sufficient to support the jury’s verdict that the restrictive covenant…