Court admits expert testimony regarding restrictive covenants in public nuisance case

In Stone v. Harley Marine, the court denied Harley’s attempt to exclude Plaintiff’s expert, finding his long experience preparing neighborhood analyses qualified him to opine on land use and deed restrictions. The court held that the expert employed a reliable methodology involving site inspection and document review. While Harley could make specific objections at trial, the court found the expert’s experience analyzing neighborhoods as a real estate appraiser qualified him to serve as a rebuttal witness despite lacking formal credentials as a land planner. The court also declined to limit Plaintiff’s testimony about her property value since she agreed to comply with the Texas Property Owner Rule.

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