Legal Opinion

Aaron Wiese v. Heathlake Community Association, Inc.

Texas Court of Appeals, 14th District (Houston)

Decided March 27, 2012No. 14-11-00268-CVPublishedCited by 26 opinions

1Opinion of the Court

OPINION

WILLIAM J. BOYCE, Justice.

A property owners’ association sued a homeowner to enforce a restrictive covenant. The trial court granted injunctive relief and statutory attorney’s fees. In 16 issues, the homeowner challenges the trial court’s interpretation of the restrictive covenant, the sufficiency of the evidence to support the trial court’s findings of fact, and the trial court’s award of attorney’s fees. We reverse and remand.

BACKGROUND

This ease focuses on Aaron Wiese’s boat, a large model Welleraft. When resting on its trailer, the boat is nearly 12 feet tall.

Wiese resides in West…

2Cases cited34 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. Pilarcik v. EmmonsTexas Supreme Court · 1998
  3. In Re KuntzTexas Supreme Court · 2003
  4. Wilmoth v. WilcoxTexas Supreme Court · 1987
  5. Jim Rutherford Investment Inc. v. Terramar Beach Community Ass'n, Texas Court of Appeals, 14th District (Houston)2000

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3Cited by26 opinions

  1. Tanglewood Homes Association, Inc. v. Stewart A. Feldman, Marla B. Feldman, and Miichael T. Kelly, Trustee, Texas Court of Appeals, 14th District (Houston)2014
  2. in Re Mark P. Hardwick, Individually and D/B/A Mark P. Hardwick Oil & Gas Properties and Mark P. Hardwick, LLC, Texas Court of Appeals, 1st District (Houston)2012
  3. Livingston v. LivingstonCourt of Appeals of Texas · 2017
  4. Happy Endings Dog Rescue, a Texas Non-Profit Corporation v. Jon Layne Gregory, DVM and Donna J. GregoryCourt of Appeals of Texas · 2016
  5. Amy Powell v. CIT Bank, N.A., F/K/A OneWest Bank, N.A., F/K/A OneWest Bank FSB, Texas Court of Appeals, 14th District (Houston)2016

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