UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20716
Summary Calendar
CARVERDALE COMMUNITY FELLOWSHIP CHURCH OF GOD IN
CHRIST, INC.; ET AL.,
Plaintiffs,
CARVERDALE COMMUNITY FELLOWSHIP CHURCH OF GOD IN
CHRIST, INC.,
Plaintiff-Appellee,
VERSUS
R.L. JOHNSON; ET AL.,
Defendants,
CARVERDALE CIVIC CLUB,
Defendant-Appellant.
Appeal from the United States District Court
For the Southern District of Texas
(96-CV-561)
July 2, 1997
Before JONES, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
The Carverdale Civic Club appeals the district court’s order
granting summary judgment to the Carverdale Community Fellowship
Church of God in Christ, Inc. (“the Church”) declaring the relevant
lots owned by the Church to be free of residential-use deed
restrictions and thereby laying to rest the purported deed
restrictions alleged by the Carverdale Civic Club to bar the
Church’s plans to build on its property in Carverdale. The
Carverdale Civic Club comes to this court rearguing the legal
theories supporting deed restrictions on the relevant lots that it
had presented to the district court. Such are valid theories
supported by the land use case law of Texas; however, the appellant
failed to produce facts supporting an application of those theories
to the lots at hand. The summary judgment procedure places some
obligations on the nonmoving party and does not permit that party
to rest on a plea that he may produce opposing facts at trial.
Gossett v. Du-Ra-Kel Corp., 569 F.2d 869, 873 (5th Cir. 1978). We
AFFIRM the district court.
2