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Whaley v. Central Church of Christ of Pearland

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eBook details

  • Title: Whaley v. Central Church of Christ of Pearland
  • Author : Virginia Supreme Court
  • Release Date : January 08, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

Appellants, Raymond B. Whaley and Eleanor H. Whaley ("the Whaleys"), appeal the trial courts judgment granting them an easement of 40 square feet on a portion of land owned by appellee, Central Church of Christ of Pearland ("the Church") for a sign. This appeal stems from the trial courts judgment resulting from our remand of this case in an earlier appeal. See Whaley v. Cent. Church of Christ of Pearland, No. 01-02-01354-CV, 2004 WL 1405701 (Tex. App.--Houston [1st Dist.] June 24, 2004, no pet.) (mem. op.). In two issues, the Whaleys contend that (1) the evidence was legally and factually insufficient to support the trial courts judgment limiting the easement to 40 square feet and (2) the trial courts judgment granting the Whaleys a 40-square-foot easement "was arbitrary and capricious." We hold that the evidence is legally and factually sufficient to support the trial courts judgment and that the trial court did not act arbitrarily or capriciously. Accordingly, we affirm.


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