Pinebrook Properties, Ltd. v. Brookhaven Lake Property Owners Association

Pinebrook Properties, Ltd., Pinebrook Properties Management, L.L.C., and A. C. Musgrave, Jr. (Pinebrook) appeal the trial court’s judgment providing various relief for the different parties. The conflict embodied in this litigation is the culmination of a long and complicated history, including two prior suits resulting in appeals to this Court. The case currently before us (Musgrave III) is the result of the consolidation by the trial court of a suit filed in the year 2000 by Pinebrook Properties against Brookhaven Lake Property Owners Association and counterclaims by the Association and various lot owners (Owners) remaining after they were severed from a 1997 lawsuit. The other claims from the 1997 lawsuit were the subject of a recent appeal to this Court, which were decided in Musgrave v. Owen, 67 S.W.3d 513 (Tex. App.-Texarkana 2002, no pet.) (Musgrave II).

Pinebrook brings eight issues in this appeal: 1) whether the trial court erred by denying, on grounds of res judicata and collateral estoppel, claims for injunctive relief sought by Pinebrook Properties against the Association; 2) whether the trial court erred in finding Pinebrook Properties and Pinebrook Management are the alter egos of Musgrave; 3) whether the trial court erred by rendering judgment for the Association in the capacity in which it sued; 4) whether the trial court erred by concluding that Pinebrook has no authority to regulate property which it owns and that the Association has authority to regulate that same property; 5) whether the trial court erred by finding an implied dedication of a roadway constructed on property owned by Musgrave or Brookhaven Retreat, Inc.; 6) whether the Association should have been awarded damages for work it chose to perform on the lake and roadways in the Brookhaven in the Pines Addition; 7) whether the trial court erred by granting any injunctive relief to the Owners against Pinebrook; and 8) whether the trial court erred by awarding attorney’s fees and expenses to the Association under the Uniform Declaratory Judgments Act *fn1 when the Association did not plead for attorney’s fees under the Act. See Tex. Civ. Prac. & Rem. Code Ann. � 37.009 (Vernon 1997).