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NPOAN was not authorized to exercise architectural control authority in section eight of the subdivision at the time Anderson constructed her driveway, and it did not show the construction was otherwise contrary to an action of an architectural control committee acting with authority in Section Eight. Therefore, NPOAN's rejection of Anderson's plans and its suit to remove the driveway represent an arbitrary and capricious act.
November 10, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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