On June 12, Gordon & Rees partner Barry G. Flynn and senior counsel Christopher M. Raney of Houston prevailed at trial in a restrictive covenant and land use restriction dispute involving a private airport in north Texas.
Gordon & Rees’s client, a homeowners association that owns a private airport in McKinney, Texas, was contracted to restrict the development of land adjacent to the airport for aviation use only. The client also agreed to certain access and assessment payments. The landowner, also a member of the Board of Gordon Rees’s client, filed a declaratory judgment lawsuit seeking termination of the land use restrictions.
Raney briefed all aspects of the case, including a number of complex contractual and jurisdictional issues for the trial court. Raney’s arguments were successful in twice defeating the plaintiff landowner’s effort to obtain summary judgment.
Flynn tried the case to the bench before Judge Jill Willis of Collin County’s 429th District Court. The judge entered judgment in favor of Gordon & Rees’s client, thereby enforcing the aviation-only and land use restrictions against the adjacent land.