Munson v. Milton

I respectfully dissent. In my view, the restrictive covenant at issue does not unambiguously prohibit renting single-family homes on a tract within the Chisum Subdivision for living purposes, whether temporary or permanent. At the very least, I would hold the covenant ambiguous and therefore resolve “[a]ll doubts ... in favor of the free and unrestricted use of the premises,” as mandated by the Supreme Court of Texas in Wilmoth v. Wilcox, 734 S.W.2d 656, 657 (Tex.1987).

STANDARD OF REVIEW

As the majority notes, the sole issue to be determined at a temporary injunction hearing is whether the…