George G v. Theo S. Painter

Petitioners, George G. MacDonald and Kerry G. Merritt, as owners of three lots in the Mira Loma Subdivision to the City of Austin, instituted this suit for declaratory judgment against the owners of the twenty-seven other lots in the subdivision. They asked for a declaration that their three lots are not burdened with restrictions which prohibit their resubdividing the lots into six lots and thereafter constructing a duplex on each lot. The trial court sustained petitioners motion for summary judgment and rendered judgment that the resubdivision and the erection of the duplexes did not violate the restrictions on the subdivision. The court of civil appeals reversed the judgment and remanded the cause for the determination of certain fact issues. 427 S.W.2d 127. We reverse the judgment of the court of civil appeals and affirm that of the trial court.