Preston Tower Condominium Ass'n v. S.B. Realty, Inc.

Appellant, Preston Tower Condominium Association, appeals a summary judgment granted to appellees, S.B. Realty, Gary D. Baumgart, Walter F. Sehroeder, and Mr. and Mrs. Jay Kleinneiur, III. Preston Tower first contends that the trial court erred in granting the appellees’ motion for summary judgment based on the unconstitutionality of an age restriction clause and second that the trial court erred in overruling Preston Tower’s motion for summary judgment because it is not barred from enforcing the restriction by waiver, estop-pel, or laches. Point of error number one is sustained and point of…