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Texas Easement Law
 
William A. Jentsch, Jr. v. Lake Road Welding Co.

Appellant, William A. Jentsch, Jr. (“Jentsch”), appeals the trial court’s denial of his declaratory action for an easement by necessity. We reverse and remand.1
BACKGROUND
At one time, Oswald Jentsch (“Oswald”), owned approximately 500 acres of land in Archer County, Texas, some of which he later sold to multiple buyers. Most of these conveyances involved the selling of parcels t... More...
   $0 (11-19-2014 - TX)

Waterford Harbor Master Association v. Michael Landolt and Ann Wismer

Appellant, Waterford Harbor Master Association (“Waterford”), appeals a final judgment rendered in a suit for declaratory relief and monetary damages filed by appellees, Michael Landolt and wife, Ann Wismer, (“the Landolts”), and on Waterford’s counterclaim for declaratory relief. We affirm in part, and reverse and render in part.
2
I. BACKGROUND
Waterford Harbor is a subdivi... More...
   $0 (11-06-2014 - TX)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
2
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the... More...
   $0 (09-25-2014 - TX)

The State of Texas v. Rodger A. Johnson, et al

This is a condemnation case. The State of Texas appeals an adverse judgment in favor of the landowner, Rodger A. Johnson, which was entered following a jury verdict. In five issues, the State argues the trial court erred by finding the condemnation would result in a material and substantial impairment of access to Johnson’s property; creating an exception to the rule that circuity of travel is n... More...   $0 (08-06-2014 - TX)

Cynthia Schlapper v. Rand K. Forest and Crosswater Yacht Club, L.P.

Cynthia Schlapper appeals pro se from the trial court’s order dismissing her claims
against Rand K. Forest and Crosswater Yacht Club, L.P., ordering her to refrain from filing further
pleadings asserting such claims, and awarding Crosswater attorney’s fees. For the reasons that
follow, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
This appeal arises from a long-running prope... More...
   $0 (07-30-2014 - TX)

Frank and Shelley Thornton v. Northeast Harris County MUD 1

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a cons... More...   $0 (07-24-2014 - TX)

Farabi, Inc. v. Harris County, Texas

This case arises out of the condemnation of appellant Farabi, Inc.’s property by appellee Harris County. Farabi appeals the trial court’s grant of the County’s motion for partial summary judgment. Farabi argues that the County failed to meet its burden to prove as a matter of law it was entitled to summary judgment because it did not establish that the condemnation of all of Farabi’s prope... More...   $0 (07-24-2014 - TX)

William B. Blaylock and Elaine C. Blaylock v. Thomas P. Holland and Kimberly Holland

This appeal concerns a trial court’s denial of an award of trial court costs to appellants William B. Blaylock and Elaine C. Blaylock (the Blaylocks). In two issues, the Blaylocks assert the trial court was without jurisdiction to exceed the prior mandate of this Court by denying the Blaylocks their trial court costs and the trial court was without discretion to deny the Blaylocks their trial co... More...   $0 (07-14-2014 - TX)

The Staley Family Partnership, LTD v. David Lee Stiles, et al

Appellant, the Staley Family Partnership, Ltd. (Staley) brought an action seeking a judicial declaration that it has an easement by necessity across land owned by appellees David Lee Stiles, Delzie Stiles, Ginger Westbrook, Robert Stiles, and David Stiles to access County Road 134 (CR 134). Appellees filed a counterclaim, seeking a judicial declaration that Staley does not have an easement across ... More...   $0 (06-21-2014 - TX)

Jason Barnett v. Charles Michael Havard Jr.

Appellant Jason Barnett appeals the trial court’s judgment in favor of appellee Charles Michael Havard Jr., which declared the scope of an easement and the respective rights of Barnett as owner of the servient estate and Havard as owner of the dominant estate. Barnett challenges the trial court’s interpretation of the express easement and the trial court’s dismissal of his trespass and negli... More...   $0 (06-12-2014 - TX)

Carl D. Sederholm v. Michelle Neville and the Office of the Attorney General of Texas

Michelle Neville, appellee, filed a motion for judgment nunc pro tunc on an order enforcing child support and medical support obligations. The trial court signed the order. In two issues, Carl D. Sederholm, appellant, argues that the trial court erred by rendering the judgment nunc pro tunc.

2

We modify the judgment and affirm as modified.

Background

In January, 2008 Ne... More...
   $0 (06-12-2014 - TX)

Texas Department of Public Safety v. Merardo Bonilla

The Texas Department of Public Safety (DPS) challenges the trial court’s denial of its immunity-based plea to the jurisdiction and summary judgment motions. For the reasons that follow, we affirm.

FACTUAL SUMMARY

This case concerns a traffic accident that occurred in El Paso on February 19, 2010, when Trooper Cesar Cruz ran a red light while pursuing a speeder and struck a vehicle ... More...
   $0 (05-30-2014 - TX)

Frank Ramsey, Ramsay Ramsey, Randal Ramsey d/b/a Summit Properties & Management Company v. Craig Champion

Frank Ramsey, Ramsay Ramsey, Randal Ramsey, individually and d/b/a Summit Properties and Management Company appeal from a judgment declaring that an easement by estoppel was created on a private road in favor of Craig Champion. The Ramseys complain that the evidence was legally and factually insufficient to support the trial court's finding of an easement by estoppel; that the trial court erred in... More...   $0 (05-08-2014 - TX)

Bruce G. Gaylor and Martha Baker Smith v. Ola Mae Baker Stiver and David Witcher Stiver

Bruce Gaylor and Martha Baker Smith appeal from a judgment rendered against them that denied their claims against Ola Mae and David Stiver for an easement by estoppel, trespass, declaratory judgment, and injunctive relief, and that granted a declaratory judgment in favor of the Stivers. Gaylor and Smith complain that the trial court erred by: (1) finding that there was not an easement by estoppel,... More...   $0 (05-01-2014 - TX)

The City of Keller v. Kimberlee Diane Meadors Hall and A. Thomas Hall

In this case, we consider whether Appellant the City of Keller established as a matter of law that the trial court had no jurisdiction over the inverse condemnation claim brought by Appellees Kimberlee Diane Meadors Hall and A. Thomas Hall. The Halls sued the City alleging that various actions by the City caused repeated flooding of their property. The City filed a plea to the jurisdiction, which ... More...   $0 (05-01-2014 - TX)

Angela Mae Brannan, Individually and as Independent Executrix of the Estate of Bob Albert Brannan, Deceased, et al v. The State of Texas, The Village of Surfside Beach, Mayor Larry Davison, and Surfrider Foundation

This is a beach-access dispute involving application of the Texas Open Beaches Act (OBA) to the appellants’ beach houses on Pedestrian Beach in Surfside after storms moved the vegetation line landward of the houses. TEX. NAT. RES. CODE ANN. §§ 61.001 – .254 (Vernon 2011 & Supp. 2013). After the Supreme Court of Texas decided Severance v. Patterson, 370 S.W.3d 705 (Tex. 2012), the court vacat... More...   $0 (05-01-2014 - TX)

Tanglewood Homes Association, Inc. v. Stewart A. Feldman, Marla B. Feldman, and Miichael T. Kelly, Trustee

These consolidated appeals arise out of a protracted dispute between Stewart and Marla Feldman and Tanglewood Homes Association, Inc. over the Feldmans’ desire to expand their home. When the Association rejected the Feldmans’ expansion plans as a violation of the Tanglewood Deed Restrictions, the Feldmans filed suit. Michael T. Kelly, the trustee for a trust that owned the adjacent lot, interv... More...   $0 (05-02-2014 - tx)

Country Communityh Timberlake Village, L.P. v. HMW Special Utility District of Harris and Montgomery County

This appeal concerns the acquisition of a piece of real property outside a gated subdivision by a special utility district for use as a utility site and the condemnation of a deed restriction affecting that property. At trial, a jury awarded various individual homeowners, including the developer, in the adjacent subdivision damages for the reduction in value each suffered due to the condemnation. ... More...   $0 (04-15-2014 - TX)

Shane and Kristie Trahan v. Jimmy and Peggy Mettlen

Shane and Kristie Trahan bought 22.61 acres of land (the Property) from Jimmy and Peggy Mettlen. Sometime after the real estate transaction was completed, a dispute arose over ownership of the mineral interests in the Property. The Mettlens claimed that they retained ownership of the mineral interests, and the Trahans claimed that the interests were, or at least should have been, conveyed as part ... More...   $0 (04-09-2014 - TX)

Teal Trading and Development, L.L.P. v. Champee Springs Ranches Property Owners Association

Teal Trading and Development, LP appeals from the trial court’s declaratory judgment in favor of Champee Springs Ranches Property Owners Association. The trial court’s judgment declared that Teal Trading was estopped by deed to challenge the validity and enforceability of a property restriction within its chain of title. On appeal, Teal Trading contends the trial court erred by granting Champe... More...   $0 (03-19-2014 - TX)

Oncor Electric Delivery Company, LLC v. Marco Murillo

In this personal injury lawsuit, appellant Oncor Electric Delivery Company, LLC (“Oncor”) appeals a judgment rendered on a jury verdict against it and in favor of appellee Marco Murillo, an employee of Leo Gomez d/b/a AAA

2

Demolishing (“AAA”). Murillo sustained serious personal injuries from electrocution while he worked for AAA at a demolition site in Dallas. The jury f... More...
   $0 (03-21-2014 - TX)

Steve Frey and Lisa Frey v. CST Properties, LLC

This is an appeal from the trial court’s denial of Steve and Lisa Frey’s request for a temporary injunction to require removal of a fence and landscaping that allegedly violate a restrictive covenant and block an easement. Because the record contains conflicting evidence regarding whether the covenant and easement were breached, we conclude the trial court did not abuse its discretion in denyi... More...   $0 (02-26-2014 - TX)

Schuhardt Consulting Profit Sharing Plan v. Double Knobs Mountain Ranch, Inc.

This appeal arises from a lawsuit in which the appellants alleged adverse possession of an easement across their property. The easement was previously expressly granted by their predecessor-in-interest to the predecessor-in-interest of Double Knobs Mountain Ranch, Inc. The appellants claimed they had adversely possessed the easement, but after a bench trial, the trial court disagreed and entered j... More...   $0 (01-22-2014 - TX)

Mike Emmons and Loretta Emmons v. Bobby Babak Badanfirouz, Katherine Badanfirouz and Lawrence F. Hegar Jr.

Mike and Loretta Emmons appeal the trial court’s declaratory judgment in favor of appellees Bobby Babak Badanfirouz, Katherine Badanfirouz, and Lawrence F. Hegar Jr. in a dispute over an express easement. Appellants argue the trial court erred in finding the easement did not allow them to maintain a gate on the property at issue. Finding no error, we affirm the trial court’s judgment.

... More...
   $0 (12-27-2013 - TX)

Lanty Wylie and Patricia Wylie v. Hide-a-Way Lake Club, Inc. and Hide-a-Way Lake Community Church

Lanty Wylie and Patricia Wylie appeal the trial court’s orders denying their motion for summary judgment and granting Appellees, Hide-A-Way Lake Club, Inc.’s and Hide-A-Way Lake Community Church’s, respective motions for summary judgment as well as its awards of attorney’s fees to Appellees. The Wylies raise six issues on appeal. We affirm.

BACKGROUND

Hide-A-Way Lake is a res... More...
   $0 (12-20-2013 - TX)

Springer Ranch, Ltd. v. O.F. Jones, III, Margaret Matthews, Ethel Matthews Rust, Ethel Matthews Rust as the Guardian/Trustee for Elizabeth Matthews, and Rosalie Matthews Sullivan

In this appeal from a declaratory judgment, we must construe a 1993 contract to determine the allocation of royalties from a horizontal well that begins on the property of the appellant, Springer Ranch, Ltd., but ends under the property of Rosalie Matthews Sullivan, one of the appellees. Our construction will also govern the allocation of royalties to future horizontal wells covered by the contrac... More...   $0 (12-22-2013 - TX)

George T. Chaney and Medina County v. Simon Camacho and Felipe Camacho

This appeal concerns whether a portion of Medina County Road 674 is a private road or was dedicated to the public. The jury determined the road—which we will refer to as the “disputed road”—was private. The disputed road is an extension of County Road 674, which runs east and west. To the east of FM 471, which runs north and south, the road is referred to as County Road 674 East. From FM 4... More...   $0 (12-11-2013 - TX)

Oncor Electric Delivery Company, LLC v. Carl H. Brockriede

These are consolidated permissive interlocutory appeals arising from eminent domain proceedings. In three issues, Oncor Electric Delivery Company, LLC contends that a trial court properly complies with section 21.049 of the property code by sending notice of a special commissioner’s award solely to a party and not the party’s attorney, even if the party is represented by counsel and that fact ... More...   $0 (12-12-2013 - TX)

Sheldon Lindsay and Elaine Lindsay v. William Reaves and Linda Reaves

A jury determined that William and Linda Reaves could place a fence and gates on their property along the easement held by Sheldon and Elaine Lindsay. In two issues, the Lindsays argue the jury’s determination was legally insufficient because an implied easement prohibited the construction of the fence and gates.

2

We affirm.

Background

The Reaveses own property along... More...
   $0 (12-05-2013 - TX)

Oncor Electric Delivery Company, LLC v. Marco Murillo

In this personal injury lawsuit, appellant Oncor Electric Delivery Company, LLC (“Oncor”) appeals a judgment rendered on a jury verdict against it and in favor of appellee Marco Murillo, an employee of Leo Gomez d/b/a AAA Demolishing (“AAA”). Murillo sustained serious personal injuries from

2

electrocution while he worked for AAA at a demolition site in Dallas. The jury f... More...
   $0 (09-27-2013 - TX)

Jimmie Luecke Children Partnership, Ltd. v. Elaine Pruncutz, John Pruncutz and Amy Peters

Appellant Jimmie Luecke Children Partnership, Ltd. (Partnership) challenges a final judgment in which the district court, following a bench trial in a partition suit, approved a commissioners’ report partitioning land owned by the Partnership and Appellees Elaine Pruncutz, her husband John Pruncutz, and her daughter Amy Peters (collectively, Pruncutz). Pruncutz filed this suit to partition in ki... More...   $0 (08-15-2013 - TX)

Abel R. Vasquez and Amelia M. Vasquez v. Jesus E. Zamarippa and Yolanda P. Zamarippa

Abel and Amelia Vasquez appeal the trial court’s judgment, asserting the judgment granted relief that exceeded the relief requested in the pleadings. Specifically, the Vasquezes contend the pleadings did not allege any claim involving the title to a water well or request a permanent injunction enjoining the Vasquezes from using the water well. The Vasquezes also claim the issues were not tried b... More...   $0 (07-31-2013 - TX)

Lillie Phillips v. Irene Schneider

Lillie Phillips brought an action seeking to obtain an easement by necessity across land owned by her cousin and neighbor Irene Schneider. The trial court failed to find that she carried her burden of proof and rendered judgment denying her claim. Phillips appeals the take-nothing judgment. Phillips complains in two issues that the evidence is legally and factually insufficient to support the tria... More...   $0 (07-31-2013 - TX)

City of McAllen, Texas v. Arnaldo Ramirez, Jr.

Arnoldo Ramirez Jr., Raul Romero, Promotions of America, Inc. (“Promotions”), and Nolana Entertainment, Inc. (“Nolana”), brought suit against the City of McAllen for “taking of property without due course of law or compensation” under article 1, section 17 of the Texas Constitution. See TEX. CONST. art. I, § 17 (establishing that “no

2

person’s property shall be take... More...
   $0 (07-18-2013 - TX)

Edom Wash 'N' Dry, LLC v. The Shed, LLC and Mary Ellen Malone

On original submission, we remanded the issue of attorney‘s fees for Edom Wash ‗N Dry, LLC (Edom) to the trial court for a new trial. On remand, the trial court signed a take nothing judgment against Edom on the issue of attorney‘s fees. Edom raises three issues on appeal. We affirm.

BACKGROUND

The underlying dispute between the parties involved events surrounding Edom‘s use ... More...
   $0 (07-23-2013 - TX)

Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court’s judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, “the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

2

Subdivision, Grimes County, Texas, conveyed three... More...
   $0 (05-30-2013 - TX)

Loch 'N' Green Village Section Two Homeowners Association, Inc. v. Sharon Murtaugh

Appellant Loch ‘n’ Green Village Section Two Homeowners Association, Inc. (appellant or the Homeowners Association) appeals the trial court’s order granting the motion for summary judgment filed by appellees Sharon Murtaugh,

____________________

1See Tex. R. App. P. 47.4.

2

Connie J. Ragsdale, Pamela L. Johnston, Eileen Greene, and Russell Greene. We affirm.
More...
   $0 (06-01-2013 - TX)

Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court’s judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, “the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

2 Subdivision, Grimes County, Texas, conveyed three ... More...
   $0 (05-30-2013 - TX)

Robert F. Meekins, Jr. v. Roy Wisnoski and Mari Kay Wisnoski

The parties dispute the nature of this lawsuit. Appellant Robert F. Meekins, Jr. characterizes it as a trespass to try title suit, while appellees Roy and Mari Kay Wisnoski contend it is “an impermissible collateral attack on a probate court’s final appealable order related to the partition of . . . real property.” In three issues, Meekins challenges the trial court’s entry of summary judg... More...   $0 (05-16-2013 - TX)

Michael Francis Palma v. Houston Independent School District

Appellant Michael Francis Palma appeals from a judgment (1) awarding $2,559.10 in 2006 property taxes jointly to the Houston Independent School

2

District1 (“HISD”), Harris County, the City of Houston, and Houston Community College System and (2) a take-nothing judgment on his amended counterclaim2 against HISD and Linebarger Goggan Blair & Sampson, LLP (“Linebarger”).3 The o... More...
   $0 (05-18-2013 - TX)

 
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