Gibbs v. Garden Oaks Board of Trustees

SAM D. JOHNSON, Justice.

Suit by Garden Oaks Board of Trustees and other individual subdivision homeowners against Walter P. Gibbs, Jr., seeking a mandatory injunction to compel the removal of a fence and a portion of a carport asserted to have been constructed in violation of certain building line restrictions alleged to be applicable to a subdivision known as Garden Oaks, Section 2. After trial, which was to the court without a jury, the mandatory injunction prayed for was granted by the trial court. Gibbs, the homeowner and defendant below, perfects appeal to this Court.

In the trial court…