subdivision rule (Texas) · Go Syfert
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subdivision rule in Texas

6 Texas opinions name it 2 courts 1923–2022 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Wald v. West MacGregor Protective Associationgreen
texapp · 1960 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022For example, the Restrictions provide that “[a]ll property [] shall be used, devoted, improved and occupied exclusively for Single Family Residential Use.” The Restrictions also prohibit business or commercial activity within the subdivision with the exception of “the leasing of a single family dwelling by the Owner thereof, subject to all the provisions” of the Restrictions. “[R]estrictions placed upon lots for the purpose of prescribing and preserving the residential character thereof are looked upon with favor by the courts.” Wald v. West MacGregor Protective Ass’n, 332 S.W.2d 338, 343 (Tex

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Shell Petroleum Corp. v. Railroad Commission neutral
texapp · 1938
1 sentence

1970Shell Petroleum Corporation v. Railroad Commission, 116 S.W.2d 439 (Tex.Civ.App., Austin, 1938, writ dism’d); Nash v. Shell Petroleum Corporation, 120 S.W.2d 522 (Tex.Civ.App., Austin, 1938, writ dism’d).

11970–1970
Nash v. Shell Petroleum Corp. green
texapp · 1938
1 sentence

1970Shell Petroleum Corporation v. Railroad Commission, 116 S.W.2d 439 (Tex.Civ.App., Austin, 1938, writ dism’d); Nash v. Shell Petroleum Corporation, 120 S.W.2d 522 (Tex.Civ.App., Austin, 1938, writ dism’d).

11970–1970
Umbaugh v. Miers green
texapp · 1953
1 sentence

1966Umbaugh v. Miers, 256 S.W.2d 660 (San Antonio Civ.App., 1953, no writ hist.).

11966–1966
Gulf Land Co. v. Atlantic Refining Co. green
tex · 1939
2 sentences

1941It therefore may be treated as a separate tract in determining whether a well may be drilled on it as an exception to Rule 37 in order to prevent confiscation of property, See Gulf Land Company v. Atlantic Refining Company, 134 Tex. 59, 71 . 131 S.W. (2d) 73, 81 , in which the Supreme Court said: ” * * 8 The Rule of May 29th, supra, uses the term ‘subdivision’ in defining tracts of land that have no protection from confiscation.

1941It therefore may be treated as a separate tract in determining whether a well may be drilled on it as an exception to Rule 37 in order to prevent confiscation of property, See Gulf Land Company v. Atlantic Refining Company, 134 Tex. 59, 71 . 131 S.W. (2d) 73, 81 , in which the Supreme Court said: ” * * 8 The Rule of May 29th, supra, uses the term ‘subdivision’ in defining tracts of land that have no protection from confiscation.

11941–1941
Speed v. Keys green
tex · 1937
1 sentence

1938Co., Tex.Sup., 109 S.W.2d 967 ), the Gulf Land Company's rights to such permit are referable to the 6.88-acre tract treated as a unit.

11938–1938
Western Indemnity Co. v. Corder neutral
texapp · 1923
1 sentence

1923I am of the opinion that the last clause of subdivision 21 does not apply to this injury, because it comes under the prior provisions of the subdivision and this clause begins, "In all other cases of partial incapacity," which excludes this one from its provisions; also for the reason stated in Western Ind. Co. v. Corder (Tex.Civ.App.) 249 S.W. 316 .

11923–1923

Where else courts name it

CA 9 (1921–2022) NC 9 (1960–2019) IN 7 (1905–2025) FL 6 (1965–2017) TX 6 (1923–2022) MN 4 (1889–2014) PA 4 (1977–2021) RI 3 (2007–2012) WY 3 (1985–2021) AL 3 (2012–2015) VT 3 (2017–2024) OH 2 (1933–2021) NJ 2 (1972–2003) WV 2 (1998–2013) SD 2 (1911–2004) MO 2 (1967–2008) VA 2 (1956–2002) LA 2 (1971–1974) MD 2 (2006–2013) MI 2 (1916–1928)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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