Charles Glen Hyde, Northwest Regional Airport, Inc., Texas Air Classics, Inc., Dreamships, Inc., and Hyde-Way, Inc. v. Northwest Regional Airport Property Owners Association, Inc. ( 2018 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-17-00385-CV
CHARLES GLEN HYDE, NORTHWEST § On Appeal from the 16th District Court
REGIONAL AIRPORT, INC., TEXAS AIR
CLASSICS, INC., DREAMSHIPS, INC., §
AND HYDE-WAY, INC., Appellants of Denton County (16-05997-16)
§
V.
December 20, 2018
NORTHWEST REGIONAL AIRPORT §
PROPERTY OWNERS ASSOCIATION,
INC., Appellee § Opinion by Justice Meier
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in the trial court’s judgment. It is ordered that the final judgment of the trial
court is reversed, and we render a declaratory judgment in favor of the Appellants,
Charles Glen Hyde, NW Regional Airport, Inc., Texas Air Classics, Inc., Dreamships,
Inc., and Hyde-Way, Inc., that the Integrated Deed Restrictions are invalid and
unenforceable and that the Appellee, Northwest Regional Airport Property Owners
Association, Inc., lacks the authority to financially obligate the property owners at the
Northwest Regional Airport, and the case is remanded to the trial court to reconsider
its award of attorneys’ fees.
It is further ordered that Appellee Northwest Regional Airport Property
Owners Association, Inc. shall pay all costs of this appeal, for which let execution
issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Bill Meier
Justice Bill Meier