Legal Opinion

Hoye v. Shepherds Glen Land Co., Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided May 31, 1988No. 05-87-01269-CVPublishedCited by 2 opinions

1Opinion of the Court

DEVANY, Justice.

Michael and Carol Hoye appeal the trial court’s judgment ordering them to replace the roof on their house because the composition roof that the Hoyes installed breaches a restrictive covenant. In six points of error, the Hoyes complain that: (1) the trial court is without authority to extend a restrictive covenant to include anything not plainly prohibited; (2) the restrictive covenant is ambiguous as a matter of law; (3) the term “permanent type” is ambiguous as a matter of law; (4) there is no evidence to support the trial court’s finding that “permanent type” excludes…

2Cases cited5 opinions

  1. Sale v. Contran CorporationCourt of Appeals of Texas · 1972
  2. Jones v. Dumas Development Co.Court of Appeals of Texas · 1950
  3. Covered Bridge Condominium Ass'n v. ChamblissCourt of Appeals of Texas · 1985
  4. Stergios v. Forest Place Homeowners' Ass'n, Texas Court of Appeals, 5th District (Dallas)1983
  5. Scott v. RheudasilCourt of Appeals of Texas · 1981

3Cited by2 opinions

  1. Village of Pheasant Run Homeowners Ass'n v. Kastor, Texas Court of Appeals, 14th District (Houston)2001
  2. Mease v. City of ShawneeDistrict Court, D. Kansas · 2003

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