Cowling v. Colligan

312 S.W.2d 943 (1958)

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Cowling v. Colligan

Texas Supreme Court
312 S.W.2d 943 (1958)

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Facts

Colligan (defendant) proposed to use a subdivision lot restricted by covenants for commercial purposes. Cowling (plaintiff) represented a class of subdivision property owners seeking a declaratory judgment as to the validity and enforceability of a covenant prohibiting the use of subdivision property for anything other than residential purposes. The trial court found that the covenant was still valid and enforceable, but that the character of the neighborhood had changed since the execution of the covenants such that it would be unfair to prohibit Colligan from making commercial use of her lot. Cowling appealed.

Rule of Law

Issue

Holding and Reasoning (Calvert, J.)

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