Hurst v. Victoria Park Subdivision Addition No. 1 Homeowners' Ass'n

OPINION

FABE, Chief Justice.

I. INTRODUCTION

The Victoria Park Subdivision Homeowners' Association built a short wood fence at the edge of Lot 48, a lot set aside for recreational purposes. Gregory and Michele Hurst, who live on an adjacent lot, sued, claiming that the fence violated a restrictive covenant proscribing "permanent structures" on Lot 48. The trial court granted summary Judgment to the Association on the grounds that the fence comported with the designated purpose of the restrictive covenant and did not prevent the Hursts from using Lot 48. Because the fence does not violate the…