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Hourani v. Katzen

The highly technical nature of this case, which involves the feasibility of constructing a driveway or bridge along the edge of a lake without damaging the lake, and the assistance that may be provided to the trial court by a special master with engineering training and expertise, constitutes a sufficiently exceptional condition to justify the present appointment of a master under Rule of Civil Procedure 171. Houston's 1st Court of Appeals, No. 01-07-00971-CV, 11-25-2009

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OPINION

In this suit for declaratory relief, which concerns a dispute over restrictive covenants in a residential subdivision, appellants, Monzer Hourani and Carlton Park Owner’s Association, Inc. (“Hourani”), challenge the trial court’s rendition of summary judgment in favor of appellee, Jonathan Katzen.

In six issues, Hourani contends that the trial court erred by (1) declaring Section 2.4(o) of the deed restrictions invalid, (2) not finding that Katzen was barred by the doctrines of estoppel and waiver from challenging Section 2.4(o) of the restrictions, (3) granting relief beyond that requested in Katzen’s motion for summary judgment, (4) awarding attorney’s fees that were inequitable and unjust, (5) disregarding the construction pre-approval process set out in the restrictions at Section 2.2, and (6) appointing a Special Master without “good cause.”

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