Supreme Court
EIS Dev. II, LLC v. Buena Vista Area Ass’n
- Case number: 23-0365
- Legal category: Real Property
- Subtype: Deed Restrictions
- Set for oral argument: October 2, 2024
Case Summary
The central issue in this case is the interpretation of a deed restriction.
EIS Development II acquired land in Ellis County to develop as a residential subdivision. The land came with a deed restriction stating: “No more than two residences may be built on any five acre tract. A guest house or servants’ quarters may be built behind a main residence location . . . .” The subdivision was platted with 73 homes on 100 acres, with all but one lot being smaller than two acres. Nearby landowners formed the Buena Vista Area Association and sued to enforce the deed restriction.
The trial court denied EIS’s plea in abatement, which sought to join adjoining landowners who were not already parties. The court concluded that the deed restriction unambiguously limits building on the property to two main residences per five-acre tract, and it granted partial summary judgment for the Association on that issue. The parties then proceeded to a jury trial on EIS’s affirmative defense of “changed conditions.” The jury failed to find that EIS had established that defense. The trial court entered a final judgment for the Association that permanently enjoined EIS from building more than two main residences per five-acre tract. The court of appeals affirmed.
In its petition for review, EIS challenges the trial court’s denial of its plea in abatement, the court’s interpretation of the deed and other legal rulings, and the jury instructions. The Supreme Court granted the petition.
Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case. Links to the full case documents are included above.