Herbert v. Polly Ranch Homeowners Ass'n

OPINION

O’CONNOR, Justice.

The issue presented by this case is whether building two, single family homes on a single platted lot violates a subdivision restriction. The appellee, Polly Ranch Homeowners Association (the association), filed a *907declaratory judgment requesting construction of its subdivision restrictions. Appellants Herbert and Dunn (the homeowners) filed counterclaims for declaratory judgment. After a bench trial, the trial court entered judgment for the association. The homeowners filed this appeal. We reverse and render judgment in favor of the homeowners.

Polly Ranch Estates was…