Leake v. Campbell
352 S.W.3d 180
Tex. App.2011Background
- Campbells bought 3102 Sunny Meadows Ct. Dec 27, 2007; Leakes neighbor at 3104 since 1990; Sunny Meadows has deed restrictions.
- Covenants require Architectural Control Committee (ACC) approval for improvements; there is a written preapproval process and a 15-day/15-day window; there is a no-waiver clause.
- Campbells installed a storage shed (Jan 2008), poured concrete pad (Jan 21–26, 2008), spa and cabana (Feb 11, 2008).
- Campbells sought a variance for RV shelter; ACC denied May 20, 2008; structures remained on property.
- Leakes filed suit Nov 13, 2008 for declaratory judgment, injunction, and attorney’s fees; trial court granted Campbells’ summary judgment and fees; Leakes challenged both the grant and denial of summary judgment on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper interpretation of 'in any event' deemed approval | Leakes: deemed approval only after preapproval attempts | Campbells: 'in any event' covers all scenarios not explicitly approved | Trial court erred; Buckner limited here; no trigger because preapproval not sought |
| Whether Leakes were entitled to summary judgment | Leakes prove RV shelter violates covenants; shed/cabana violate restrictions | Campbells contest evidence; some issues require defense | Leakes’ no-evidence/specific-claim summary judgment denied; genuine issues of material fact remain |
| Attorney’s fees award proper | Award supported by prevailing party status | If error in summary judgment, fees reversed | Fees awarded to Campbells reversed due to reversal on merits; remanded for proceedings |
Key Cases Cited
- Buckner v. Lakes of Somerset Homeowners Ass'n, 133 S.W.3d 294 (Tex. App.-Fort Worth 2004) (deemed approval language limited to preapproval scenarios; conflict with no-waiver provision)
- Pilarcik v. Emmons, 966 S.W.2d 474 (Tex. 1998) (interprets covenants and default consequences; no swift action required for default)