Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.”

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Legal Expert in Commercial & Real Estate Litigation / Property Dispute Specialist - New York

Be the game-changer at a pioneering Queens/Brooklyn law collective, making strides in Commercial and Real Estate Disputes. Immerse yourself ...


Apply Now ›
Entry Level Attorney - White Plains - New York

White Plains Insurance Defense Firm of 60+ years is looking for an entry level or pending admission to NYS Bar attorney.The Firm focus is on...


Apply Now ›
Multiple Offices (Los Angeles, CA; New York, NY) Corporate/Music Associate

Description: Fox Rothschild LLP has an opening in multiple offices in our Entertainment and Sports Law Department for an Associate with Corp...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements