Young v. City of Houston

OPINION

COHEN, Justice.

This appeal asserts that it violates the Texas Constitution for a city to use public funds to prosecute violators of private deed restrictions. Finding no unconstitutional expenditure of public funds, we affirm.

The City of Houston, under authority granted by Tex. Local Gov’t Code Ann. §§ 230.001-230.004 (Vernon Pamph.1988), sued appellants to enforce private deed restrictions. The deed restrictions for Larch-mont subdivision stated that “no platted lot shall be used except for residential purposes” and further prohibited “noxious or offensive activity.” In contravention…