Davis v. City of Houston

OPINION

ANDELL, Justice.

In this case we are asked to construe deed restrictions to determine whether the term “dwelling” limits a property to residential use. We hold that it does.

This is an appeal from a permanent injunction. Appellee, City of Houston, sued to enforce deed restrictions, claiming its authority to do so under TexLoCAL Gov’t Code Ann. § 230.003 (Vernon 1988), and under City of Houston Code of Ordinances, art. I, § 41-9. In a nonjury trial, the court permanently enjoined appellant, Dolly Davis, from operating a hair salon on residential premises in violation of the deed…