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Hot Rod Hill Motor Park v. Triolo

Texas Court of Appeals
293 S.W.3d 788 (2009)


Facts

Donmichael Lucas Triolo (plaintiff) sued Hot Rod Hill Motor Park (Hot Rod Hill) (defendant) and Roger Deewayne Brown (defendant), who owned the property where Hot Rod Hill was located. Hot Rod Hill was a racetrack, and Triolo alleged that the operation of the racetrack constituted a nuisance. The jury agreed, and the trial court entered a permanent injunction prohibiting Brown from conducting any races at Hot Rod Hill. Subsequently, Triolo sold his home near Hot Rod Hill and moved. Triolo continued to visit his parents’ home near the track and stayed with them approximately half the weekends each year. Triolo claimed that his parents’ home was his true residence. Brown filed a motion to vacate, amend, or alter the permanent injunction. The trial denied the motion, and Brown appealed.

Rule of Law

Issue

Holding and Reasoning (Reyna, J.)

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