Skipper Lay and Ellis Lay v. Francis J. Whelan

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00115-CV

Skipper Lay and Ellis Lay, Appellants

v.

Francis J. Whelan, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT

NO. GN001490, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Skipper and Ellis Lay appeal the judgment of the trial court denying their request for an injunction to prevent their neighbor Francis J. Whelan from constructing a large structure behind his home. We hold the evidence is legally and factually sufficient to support the jury's verdict that the restrictive…