Jacquelyn K. Morgan v. Joseph R. Stan, Heather M. Stan, and Round 2 Offroad, LLC

Summary

The Thirteenth Court of Appeals of Texas considers Jacquelyn K. Morgan’s appeal from a take-nothing judgment in a dispute over deed restrictions governing a residential subdivision. Morgan sought declaratory and injunctive relief against alleged commercial use, construction, signage, fencing, and other covenant violations involving property used by Round 2 Offroad, LLC. The court states that Morgan’s eighth issue is dispositive and affirms the trial court’s judgment.

Holdings

1. The trial court did not err in determining that the restrictive covenants governing Shenandoah, Section Two, were abandoned and that Morgan’s attempted enforcement was waived. The number, nature, and severity of existing violations, together with the absence of prior enforcement over approximately fifty years, supported the determination.
2. The trial court did not abuse its discretion by denying Morgan’s requests for injunctive relief, attorney’s fees, and costs because the abandonment and waiver determination defeated her attempt to enforce the restrictions.

Questions Presented

1. Whether the trial court erred in concluding that the restrictive covenants governing Shenandoah, Section Two, had been abandoned and that Morgan waived her right to enforce them.
2. Whether the trial court abused its discretion by denying Morgan’s requests for injunctive relief, attorney’s fees, and costs based on the abandonment and waiver determination.

Disposition

affirmed