Estes v. Merritt

Sam Bird, Judge.

This is an appeal from a judgment entered in favor of appellees Randall and Vera Merritt and against appellants David Estes, Nancy Estes, James Holder, Miki Holder, and the Vernon M. Rowe Family Limited Partnership in an action for declaratory and injunctive relief against the enforcement of restrictive covenants allegedly encumbering appellees’ property. The trial court found that a reference in the plat of appellees’ property to the restrictions covering appellants’ property constituted an impermissible amendment to the bill of assurance for appellants’ property. The trial…