Lassiter v. Bliss

• Decision Date: 30 November 1977
• Docket Number: No. B-6622,B-6622
• Citation: 559 S.W.2d 353
• Parties: Martin Coker LASSITER, Petitioner, v. Elmer BLISS et ux., Respondents.
• Court: Texas Supreme Court

Page 353

559 S.W.2d 353

Martin Coker LASSITER, Petitioner,

v. Elmer BLISS et ux., Respondents.

No. B-6622.

Supreme Court of Texas.

Nov. 30, 1977.

Rehearing Denied Jan. 4, 1978.

John R. Lee, Kermit, for petitioner.

Trenchard, Davis & Hardwick, Robert Trenchard, Jr., Odessa, for respondents.

McGEE, Justice.

This is a suit for a permanent injunction, brought by Martin Coker Lassiter, to enjoin Elmer Bliss from maintaining a mobile home on a lot in the Memorial Park Addition of Kermit, Texas due to the restrictive covenants of the addition. The trial court, without a jury, granted the permanent injunction. The court of civil appeals reversed and rendered the judgment of the Bliss purchased lot 13, block 7, in the Memorial Park Addition on May 24, 1975 from Jimmy K. Stroud. Stroud told Bliss at the time of sale that the restrictive covenants of the Addition prohibited trailers and "that the mobile home could not be put on that property." Bliss lived across the street from the mobile home's location and intended to either rent it or let his mother-in-law live in it. Stroud showed Bliss a copy of the restrictions at the time of sale, which provides in pertinent part:

trial court and denied Lassiter any relief being sought. 545 S.W.2d 571. We reverse the judgment of the court of civil appeals and affirm the judgment of the trial court.

No trailer, basement, tent, garage or temporary quarters shall at any time be used as a residence on any portion of said Memorial Park Addition.

Lassiter resides on the lot adjacent to where Bliss seeks to put the mobile home. Lassiter's attorney told Bliss about the restrictive covenants and Lassiter's intention to enforce the covenants on the day Bliss put the mobile home on the lot. Bliss testified that when he talked to Lassiter's attorney the wheels were off of the mobile home and he was in the process of blocking it up. The record discloses that the mobile home is 12 feet wide, 65 feet long, and is connected to water, but has not been connected to a sewerage system; it is unclear whether or not the electricity has been hooked up. The record also discloses that a mobile home park is located within viewing distance of the lot in question but outside of Memorial Park Addition.

We hold that the restrictive covenant in this case prohibited Bliss from putting the mobile home on the lot. In Bullock v. Kattner, 502 S.W.2d 828 (Tex.Civ.App. Austin 1973, writ ref'd n. r. e.), a party moved a mobile home into a subdivision and thereafter removed the wheels, connected water pipes, electric lines, and put blocks under it as a foundation. The restrictive covenant sought to be enforced provided:

No trailer, basement, tent, shack, garage, barn or other outbuildings erected in this subdivision shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.

The court in Bullock held that the restriction proscribed trailers used as residences temporarily or permanently and held as a matter of law that a mobile home with the wheels removed, placed on blocks and hooked to lights and water is still a trailer.

In Phillips v. Zmotony, 525 S.W.2d 736 (Tex.Civ.App. Houston (14th Dist.)), rev'd per curiam, 529 S.W.2d 760 (Tex.1975), the court of civil appeals construed the following restrictive covenant to preclude mobile homes or trailer houses. The restrictive covenant stated in pertinent part:

3. Except as herein provided, no part of said tract shall be used for anything other than residential purposes . . . .

6. No trailer, . . . placed on any part of said tract, shall at anytime be used as a residence, nor shall any residence of a temporary character be permitted.

Zmotony, the party seeking to maintain the mobile home, received notice of the restrictions at the time the mobile home was being pulled by a truck to the lot. Subsequent to the notice the mobile home was moved onto the lot. The mobile home, which was 14 feet wide and 80 feet long, was connected to a private water supply, the wheels and the trailer tongue were removed, a metal skirt was installed around the bottom of the mobile home, the mobile home was put on concrete blocks and anchored to the ground with "tie downs." Zmotony had contracted for electric power and installation of a septic tank. Phillips sought a temporary injunction prohibiting the mobile home, which was denied by the trial court. The court of civil appeals reversed and remanded the cause, stating:

(T)he intent of the restrictions are clear. The 67.61 acres of land is to be used only for residential purposes. No trailer is to be used as a residence. The mobile home is a trailer and is excluded by the restrictions.

525 S.W.2d 736, 739. This court, pursuant to Texas Rules of Civil Procedure 483, granted the writ and without hearing oral argument reversed the court of civil appeals because the evidence raised the question of whether the covenant had been waived. 529 S.W.2d 760, 762. The present case is distinguishable because here the trial judge granted the injunction and waiver of the covenant is not asserted.

We hold that the intention of the restrictive covenant in the present case was to prohibit trailers from being used as residences "at any time," whether as a temporary or permanent residence. Under the Bullock and Zmotony cases, we hold that the mobile home in this case was a "trailer" and was prohibited by the restrictive covenant. The term "trailer" is to be understood in its usual meaning regardless of whether it is referred to or described as a house trailer or mobile home. See Jones v. Beiber, 251 Iowa 969, 103 N.W.2d 364 (1960); Mouille v. Henry, 321 So.2d 377 (La.App.1975); Timmerman v. Gabriel, 155 Mont. 294, 470 P.2d 528 (1970); Van Poole v. Messer, 19 N.C.App. 70, 198 S.W.2d 106 (1973); cf. Village of Harriman v. Kabinoff, 243 N.Y.S.2d 210 (Sup.Ct.1963); Astoria v. Notwang, 221 Or. 452, 351 P.2d 688 (1960).

Bliss relies on Crawford v. Boyd, 453 S.W.2d 232 (Tex.Civ.App. Fort Worth 1960, writ ref'd n. r. e.), and contends that his mobile home should be allowed to remain on the lot. Crawford sued Boyd to enforce restrictive covenants of a subdivision in Denton County, Texas. The restrictive covenants there provided:

2. No shacks or tents shall be permitted on this property . . . . Trailer homes are permitted on lots approved for trailers, being 33 through 54, both inclusive, and trailers may not be older than 1955 models.

6. All lots shall be residence lots and shall not be used for business, except lots No. 1, 55, 56, 57, 58, 59, 60, 61, 95, 96, 124 and 123, which each may be used for a bona-fide business. All other lots shall be residence lots only and no trailer homes shall be permitted thereon, except as provided in restriction two hereinabove, except that lots 33 through 54, inclusive, may be permitted for trailers, not older than 1955 models as set out in restriction No. Two hereinabove. . . .

Boyd owned several lots in the subdivision including lots 56, 57, 58, 59, 89 and 90. Boyd and his family lived in a house on lots 89 and 90 which burned in August 1967. Boyd then contracted with a mobile home manufacturer to build a building 12 feet wide and 65 feet long. Boyd built a concrete foundation for the building consisting of four slabs of reinforced concrete about 12 feet long. Boyd also built and installed a large septic tank to be used in connection with the building. It is important to note that the building was built to Boyd's specifications and was fabricated without axles or wheels. The structure was delivered by placing wheels and axles under the building and pulling it with a special truck that had a fifth wheel. The wheels and axles were taken out from under the building, and it was placed on the concrete foundation. The company then took the wheels and axles back with them. Subsequent to delivery, Boyd built a 12 foot by 16 foot room onto the building and poured a 12 foot by 20 foot foundation in front of the structure which Boyd hoped to use as a rumpus room. The buildings were tied down with cables and could not be moved without damaging them materially. The trial court rendered judgment for Boyd and filed no findings of fact and conclusions of law. The court of civil appeals affirmed the trial court, stating:

It is settled in Texas that in a nonjury trial where findings of fact and conclusions of law are not requested and none are filed, the judgment of the trial court must be affirmed if it can be upheld on any legal theory that finds support in the evidence. Seaman v. Seaman, 425 S.W.2d 339 (Tex.Sup., 1968). . . .

In such a case the trial court's judgment implies that all necessary fact findings were made by that court in support of 453 S.W.2d at 233. The court of civil appeals also noted that the physical design of the structure did not include axles or wheels. The court stated:

the judgment. In determining whether there is any evidence to support the judgment and the implied findings of fact incident thereto the appellate court can consider only that evidence that is most favorable to the issue and must disregard entirely that which is opposed to it. Renfro Drug Co. v. Lewis, 149 Tex. 507, 235 S.W.2d 609 (1950).

The structure complained of was built by a mobile home company and from its description it looked a lot like a mobile home in that it was 12 feet wide and 64 feet long, with a wooden frame and with the exterior siding of aluminum. But it did not have axles or wheels. The owner never intended to use it as a trailer or as a vehicle. He bought it for the purpose of putting it on his lots, affixing it to his realty, and he says his intentions are to use it from now on as a home for himself and family at the location where it has been placed. It is tied to the ground with cables and connected to the septic tank and has become a part of the real estate.

The physical structure of the building involved in the Crawford case is...