Roman Catholic Diocese of Galveston-Houston v. First Colony Community Services Ass'n

OPINION

O’CONNOR, Justice.

This is an appeal from a summary judgment granted First Colony Community Services Association, Inc. (the Association). The trial court found the Association’s restrictive covenant imposed $63,386 in maintenance assessments on St. Laurence Catholic Church. We reverse and remand for trial.

Fact Summary

The Association recorded its Declaration of Covenants, Conditions and Restrictions in the Fort Bend County real property records on June 22, 1982. Four months later, the Diocese purchased seven acres in the Association development subject to the Declaration. The Declaration…