Nolan v. Hunter
Comal · TX · Court of Appeals of Texas, Fourth District (San Antonio)
Member win · architectural
What happened
Rhonda Hunter bought a lot in Emerald Valley (Comal County) and sought ACC approval for a fence. Neighbor ACC members Nolan and Loehman opposed it. A jury found the ACC's response arbitrary, capricious, or discriminatory under Property Code § 202.004(a) and awarded fees. On September 25, 2013, the Fourth Court of Appeals affirmed.
What the court (or agency) held
Evidence supported the jury's finding that an architectural control committee's response to the Hunters' fence plans was arbitrary, capricious, or discriminatory under Property Code section 202.004(a)—including that two complaining neighbors dominated a three-member ACC and that similar-height fences already existed. The court of appeals affirmed the judgment for the Hunters (including attorney's fees) and rejected challenges to the verdict and fee awards.
Why this matters for members
Neighbor-dominated ACC panels and inconsistent height enforcement are classic § 202.004(a) jury issues. Documented comparator fences and conflicted committee composition can sustain a member verdict and fees.
What the member did
Tried selective/arbitrary ACC enforcement to a jury under section 202.004(a) and defended the verdict on appeal.
Questions for the board
- Do ACC members with a personal stake in a neighbor dispute recuse themselves?
- How are similar existing fences treated when a new fence application is denied?
- Are ACC decisions explained in writing with reference to uniform standards?
Questions for a lawyer
- What comparator and conflict evidence best supports a § 202.004(a) jury submission?
- How should fee entitlement be preserved after a favorable verdict?
- What weight does memorandum-opinion status have for persuasion elsewhere?
Citation
Nolan v. Hunter, No. 04-13-00072-CV, 2013 WL 5431050 (Tex. App.—San Antonio Sept. 25, 2013) (mem. op.) (2013-09-25). Court of Appeals of Texas, Fourth District (San Antonio). Outcome chip: member_win. Flags: unreported. Source: https://law.justia.com/cases/texas/fourth-court-of-appeals/2013/04-13-00072-cv.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.