Texas Supreme Court

David Holubec and Mary Holubec, Petitioners v. Carl Brandenberger

May 22, 200346 Tex. Sup. Ct. J. 702

Summary

The Texas Supreme Court reversed the Court of Appeals' judgment, vacated the permanent injunction against the Holubecs, and remanded for further proceedings. The Court held that the trial court's jury charge on the Right to Farm Act defense was defective and that the error was preserved. It also clarified the proper interpretation of the Act's one‑year bar and found the injunction an abuse of discretion.