Legal Opinion

Hot Rod Hill Motor Park v. Triolo

Texas Court of Appeals, 10th District (Waco)

Decided December 3, 2008No. 10-06-00092-CVPublishedCited by 16 opinions

1Opinion of the Court

OPINION

FELIPE REYNA, Justice.

Hot Rod Hill Motor Park is a race track located on Roger Deewayne Brown’s property. Donmichael Lucas Triolo sued Brown and Hot Rod Hill, alleging that the track constitutes a nuisance. The trial court granted a temporary restraining order prohibiting races and subsequently issued a temporary injunction that allowed Brown to conduct races, but ordered that races end by 11:00 p.m. and imposed noise level restrictions.

A jury later determined that the track constitutes a nuisance and awarded Triolo $3,000 in damages for loss and enjoyment of his property, but no…

2Cases cited11 opinions

  1. Operation Rescue-National v. Planned Parenthood of Houston and Southeast Texas, Inc.Texas Supreme Court · 1998
  2. Schneider National Carriers, Inc. v. BatesTexas Supreme Court · 2004
  3. Sixth RMA Partners, L.P. v. SibleyTexas Supreme Court · 2003
  4. Storey v. Central Hide & Rendering Co.Texas Supreme Court · 1950
  5. Operation Rescue-National v. Planned Parenthood of Houston & Southeast Texas, Inc., Texas Court of Appeals, 14th District (Houston)1997

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3Cited by16 opinions

  1. HANSON AGGREGATES WEST, INC. v. Ford, Texas Court of Appeals, 3rd District (Austin)2011
  2. Pool v. RIVER BEND RANCH, LLC, Texas Court of Appeals, 12th District (Tyler)2011
  3. International Paper Co. v. Harris CountyCourt of Appeals of Texas · 2013
  4. HOT ROD HILL MOTOR PARK v. Triolo, Texas Court of Appeals, 10th District (Waco)2009
  5. City of Brownsville, Texas, Tony Martinez, Rose Z. Gowen, Ricardo Longoria Jr., Joel Mungia, Ben Neece and Jessica Tetreau in Their Official Capacities Only v. Brownsville GMS, Ltd. and Michael Bennett, Texas Court of Appeals, 13th District2021

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