Cowling v. Colligan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that change in conditions is affirmative defense that must be specifically pleaded and proved
• noting that court may refuse to enforce restriction when there has been waiver of right to enforce
• stating that in deciding restrictive covenant case, court’s “judgment must arise out of a balancing of equities or of relative hardships”
• stating that in deciding restrictive covenant case, court’s “judgment must arise out of a balancing of equities or of relative hardships”
• stating that in deciding restrictive covenant case, court = s A judgment must arise out of a balancing of equities or of relative hardships @
• rendering judgment that covenant restricting use to residence purposes prohibited use of the tract for business and commercial purposes

Source: CourtListener parenthetical corpus (CC0).

Cited by

111 cases in this archive cite this case; the 20 most cited are listed.

• Martin v. Martin, Martin & Richards, Inc.
  Texas Supreme Court· 1999-04-22· cited 255×
• Jim Rutherford Investment Inc. v. Terramar Beach Community Ass'n
  Tex. App. Ct., 14th Dist. (Houston)· 2000-08-03· cited 134×
• Newman v. King
  Texas Supreme Court· 1968-05-08· cited 110×
• TX Far West, Ltd. v. Texas Investments Management, Inc.
  Tex. App. Ct., 3rd Dist. (Austin)· 2004-03-11· cited 84×
• Ski Masters of Texas, LLC v. Heinemeyer
  Tex. App. Ct., 4th Dist. (San Antonio)· 2008-08-29· cited 80×
• Voice of Cornerstone Church Corp. v. Pizza Property Partners
  Tex. App. Ct., 3rd Dist. (Austin)· 2005-03-10· cited 62×
• Asociación de Vecinos de Villa Caparra, Inc. v. Iglesia Católica
  Supreme Court of Puerto Rico· 1986-05-08· cited 54×
• Pebble Beach Property Owners' Ass'n v. Sherer
  Tex. App. Ct., 4th Dist. (San Antonio)· 1999-04-28· cited 49×
• Giles v. Cardenas
  Tex. App. Ct., 4th Dist. (San Antonio)· 1985-04-17· cited 49×
• Traweek v. Larkin
  Tex. App. Ct., 12th Dist. (Tyler)· 1986-04-30· cited 46×
• Marino v. State Farm Fire & Casualty Insurance Co.
  Texas Supreme Court· 1990-05-30· cited 44×
• Uptegraph v. Sandalwood Civic Club
  Tex. App. Ct., 1st Dist. (Houston)· 2010-02-05· cited 43×
• Tanglewood Homes Ass'n, Inc. v. Henke
  Tex. App. Ct., 1st Dist. (Houston)· 1987-01-22· cited 43×
• Oldfield v. City of Houston
  Tex. App. Ct., 14th Dist. (Houston)· 2000-05-04· cited 38×
• Dempsey v. Apache Shores Property Owners Ass'n
  Court of Appeals of Texas· 1987-08-12· cited 37×
• Protestant Episcopal Church Council of the Diocese of Texas v. McKinney
  Court of Appeals of Texas· 1960-09-09· cited 36×
• Dr. Saung Zin Park v. Escalera Ranch Owners' Association, Inc. and Rostrata Builders, Inc.
  Court of Appeals of Texas· 2015-02-13· cited 36×
• Stephenson v. Perlitz
  Court of Appeals of Texas· 1976-04-22· cited 32×
• Healy v. Wick Building Systems, Inc.
  Court of Appeals of Texas· 1977-11-15· cited 29×
• Mea v. Mea
  Court of Appeals of Texas· 1971-01-21· cited 29×

Cites

7 cases in this archive are cited by this case.

• Matlock v. Matlock
  Texas Supreme Court· 1952-05-07· cited 102×
• Scaling v. Sutton
  Court of Appeals of Texas· 1942-11-27· cited 28×
• Faubian v. Busch
  Court of Appeals of Texas· 1951-03-12· cited 25×
• Terrell Hills Baptist Church v. Pawel
  Court of Appeals of Texas· 1956-01-04· cited 13×
• Mechling v. Dawson
  Court of Appeals of Kentucky (pre-1976)· 1930-05-13· cited 13×
• Texas Employers Ins. Ass'n v. Campion
  Court of Appeals of Texas· 1950-12-06· cited 10×
• Cowling v. Colligan
  Court of Appeals of Texas· 1957-11-21· cited 6×

Other cases named Cowling v. Colligan

1 other CourtListener record shares this case name.

• Cowling v. Colligan
  Court of Appeals of Texas· 1957-11-21· cited 6×