George A. Moran Jr. and Susan K. Moran v. Memorial Point Property Owners Association, Inc.

OPINION

TRACY CHRISTOPHER, Justice.

In this appeal from the trial court’s judgment following a nonjury trial, the defendant property owners challenge the trial court’s enforcement of a restrictive covenant. They contend that the restriction prohibiting their construction of a fence within twenty-five feet of the platted building set-back line was abandoned, waived, or ambiguous, and that the trial court additionally erred in admitting the testimony of an undisclosed witness. We conclude that the restriction is unambiguous as a matter of law, and that the trial court did not err in concluding…