Citations
- 171 S.W.3d 461
Full opinion text
OPINION
EVA M. GUZMAN, Justice.
In these two consolidated appeals, we are asked to review the propriety of amendments made to restrictive covenants on land used as a private airport facility. We first address appellant Southwest Investments Diversified, Inc.’s (“SIDI”) challenge to the trial court’s order declaring the amended covenants valid. SIDI contends the covenants were improperly amended, are illegal, and against public policy. SIDI also challenges the trial court’s ruling sustaining appellees’ objections to SIDI’s summary judgment evidence. In both appeals, SIDI contends the trial court erred in granting summary judgment on its damage claims. Numerous appellees filed cross-appeals (“cross-appellants”), claiming the trial court erred in finding one provision in the amended covenants invalid. Having concluded the orders appealed from in Appellate Cause No. 14-03-00728-CV are interlocutory, we dismiss that appeal for lack of jurisdiction. In Appellate Cause No. 14-03-00261-CV, however, we conclude SIDI waived its appellate argument and nonetheless, failed to plead an actionable claim against the Estate of Marilyn Mieszkuc; therefore, we affirm the trial court’s judgment in that cause.
I.Factual and PROCEDURAL Background
A. Facts
In 1981, SIDI purchased a tract of land subject to restrictive covenants (“1980 CCRs”) located in one of three airport subdivisions owned by Woody Lesikar Aircraft Sales and Service, now known as the West Houston Airport Corporation (“Airport”). In 1999, the restrictive covenants for all three subdivisions were amended (“1999 CCRs”). In effect, the amended covenants (1) combined the three subdivisions into one subdivision, designated as the