Legal Opinion

EWB-I, LLC v. PlazAmericas Mall Texas, LLC

Court of Appeals of Texas

Decided June 6, 2017No. 01-15-00527-CVPublishedCited by 16 opinions

1Opinion of the Court

OPINION

Harvey Brown, Justice

This appeal arises out of a dispute over the continuing enforceability of restrictive covenants governing the Houston shopping center formerly known as Sharpstown Mall.

EWB-I LLC owns five overflow parking areas along the southern and eastern edge of the mall property that are alleged to be underutilized. EWB (“Overflow Owner”) wishes to develop these overflow parking areas for commercial use, including possibly constructing a free-standing bank on one of the lots, but there are long-standing restrictive covenants that limit the use of these areas to only parking…

2Cases cited44 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  3. Valence Operating Co. v. DorsettTexas Supreme Court · 2005
  4. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  5. Coker v. CokerTexas Supreme Court · 1983

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3Cited by16 opinions

  1. In re Allstate Vehicle & Prop. Ins. Co.Court of Appeals of Texas · 2018
  2. Dallas Sports Club v. DSE Hockey ArenaTexas Business Court · 2026
  3. 417 N Comanche Street, LLC v. of the Estate of Stephen M. Haug, Pointe San Marcos Partners, L.P. And Skyline Southwest Builders, Inc., Texas Court of Appeals, 3rd District (Austin)2024
  4. Accord Business Funding, LLC v. Michael W. Ellis D/B/A Awesome Trucking, Texas Court of Appeals, 14th District (Houston)2021
  5. BCH Development, LLC v. Lakeview Heights Addition Property Owners' Association and Barbara Wohlrabe, Texas Court of Appeals, 5th District (Dallas)2019

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