PERMIAN BASIN CENTERS v. ALSOBROOK

No. 08-86-00075-CV.

723 S.W.2d 774 (1986)

PERMIAN BASIN CENTERS FOR MENTAL HEALTH AND MENTAL RETARDATION, and James E. Lipham, Jr. and Sara Lipham, Appellants, v. Barney L. ALSOBROOK and Elzabelle W. Alsobrook, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Denied February 18, 1987.


Attorney(s) appearing for the Case

Diane G. Shisk, Advocacy, Incorporated, Austin, for appellants.

G. David Smith, Odessa, for appellees.

Before SCHULTE, ARMENDARIZ and FULLER, JJ.


OPINION

SCHULTE, Justice.

This case concerns the enforcement of a restrictive covenant contained in a deed. Appeal is from the judgment prohibiting Appellants from operating a family home in Odessa, Texas, for six mentally retarded adults. The trial court, without a jury, held that the covenant would be violated by the proposed use. We reverse and render.

On August 31, 1985, Permian Basin leased the Liphams' home in the Parker Heights Addition of...

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