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Letkeman v. Reyes

Appellants breached a restrictive covenant prohibiting them from moving a pre-fabricated structure into the subdivision. Furthermore, the record illustrates that they knew of the restriction and objections raised by their prospective neighbors before completing the project. And though some evidence appears of records indicating that the finished structure could actually enhance neighboring property values, it does not matter that other home owners may suffer no actual damages. The trial court did not abuse its discretion by enjoining them to remove the house. Amarillo Court of Appeals, No. 07-08-0494-CV, 10-26-2009

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Opinion

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

The matter before us involves the application of restrictive covenants to a house being moved into the Patterson Estates subdivision. The house was originally built some years ago and subsequently acquired by Enrique and Maria (Mary) Letkeman. The latter had the abode cut in half, moved into Patterson Estates, and located on lot #2, a lot that they intended to buy from Abe Friesen. Before completing the process, they were told by one or more home owners in the development that their efforts violated several restrictive covenants. Despite hearing these complaints, they continued their efforts. Suit to enforce those covenants was initiated by Arturo and Anna Reyes, Brady and Terri Robinette, and Pedro and Elena Sanchez. Each owned a home in the subdivision. Upon convening a trial and receiving evidence, the trial court executed its judgment enjoining the Letkemans and Friesen “from allowing the residential structure they moved” in “to remain on” the lot. They were also given 60 days to comply with the directive.

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