City of Houston v. Muse

OPINION

COHEN, Justice.

The City of Houston sued the Muses to enjoin them from operating a business in violation of a covenant restricting property use to residential purposes only. The trial judge found that the Muses breached the covenant by using the premises as a business. He also found against them on their affirmative defenses of waiver and limitations, but found for them on the defense of laches. For its remedy, the court neither entirely prohibited the operation of the business nor allowed it to operate unrestricted. Instead, the trial court allowed it to continue, but enjoined the…