Originally published by David Coale.
“First Ovilla sought to build a house on property that is encumbered by restrictive
covenants, and the property owners’ association had previously sought to prevent
another builder from constructing a house with a similar building plan. The amended permanent injunction signed in that case (and on which appellees largely relied in their plea to the jurisdiction) has been dissolved by this Court. Therefore, given the record before us, the declarations sought by First Ovilla present a justiciable controversy and are not moot.” First Ovila v. Primm, No. 05-19-00042-CV (April 27, 2020) (mem. op.) (emphasis added).
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