McDaniel Homes, LLC v. Meyerland Community Improvement Association
14-22-00854-CV
Tex. App.May 23, 2024Background
- McDaniel Homes, LLC (“McDaniel”) owns property and builds homes in the Meyerland subdivision of Houston.
- Meyerland Community Improvement Association (the “Association”) enforces deed restrictions within the subdivision.
- McDaniel filed for a declaratory judgment that a specific restriction on how far stairs can extend from the front of a house has been waived and abandoned due to non-enforcement.
- The Association moved to dismiss under Texas Rule of Civil Procedure 91a, claiming the petition was too vague and unsupportable in fact or law.
- The trial court granted the motion to dismiss and awarded attorney’s fees to the Association; McDaniel appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 91a Dismissal | Sufficient facts pleaded; alleges waiver/abandonment of restriction. | Pleadings too vague; no factual/legal basis; lacks sufficient detail. | For McDaniel: Sufficient facts pleaded for claim to proceed. |
| Basis in Fact | Reasonable person could believe facts alleged. | No reasonable person could believe the pleaded facts. | For McDaniel: Facts pleaded meet Rule 91a standard. |
| Basis in Law | Allegations, if true, entitle McDaniel to relief; justiciable interest. | McDaniel failed to prove allegations; no standing or entitlement. | For McDaniel: Pleadings establish a justiciable controversy. |
| Attorney’s Fees | Fees improper as dismissal was erroneous. | Fees warranted following proper 91a dismissal. | For McDaniel: Fees award reversed; dismissal improper. |
Key Cases Cited
- Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C., 595 S.W.3d 651 (Tex. 2020) (clarifies scope of Rule 91a review and limits to pleadings for factual matters)
- Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845 (Tex. 2005) (standing requires a justiciable controversy with personal aggrievement)
- Moran v. Memorial Point Property Owners Ass’n, 410 S.W.3d 397 (Tex. App.—Houston [14th Dist.] 2013) (elements of waiver and abandonment of restrictive covenants)
- EWB-I, LLC v. Plazamericas Mall Texas, LLC, 527 S.W.3d 447 (Tex. App.—Houston [1st Dist.] 2017) (property owners may seek declarations of waiver/abandonment of restrictive covenants)
- Kings River Trail Ass’n, Inc. v. Pinehurst Trail Holdings, L.L.C, 447 S.W.3d 439 (Tex. App.—Houston [14th Dist.] 2014) (standing for declaratory judgment actions involving deed restrictions)