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Texas Easement Law
 
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)

Thaxton Durelle Johnson v. The State of Texas

A jury found appellant, Thaxton Durelle Johnson, guilty of the offense of capital murder1 and assessed his punishment at confinement for life. In five points

______________________

1 See TEX. PENAL CODE ANN. § 19.03 (Vernon Supp. 2012).

2

of error, appellant contends that the trial court erred in prohibiting him from cross- examining two witnesses in violation of his r... More...
   $0 (04-09-2013 - TX)

Texas Municipal Power Agency v. Kirk A. Johnston

Kirk A. Johnston sought temporary and permanent injunctive relief against the Texas Municipal Power Agency (“TMPA”) to prohibit TMPA from, among other things, entering onto his property to conduct surveys and inspections and attempting to condemn a portion of his property. TMPA filed a plea to the jurisdiction, and the trial court denied the plea. In two issues, TMPA contends that the trial co... More...   $0 (03-07-2013 - TX)

Keith Redburn v. Charmelle Garrett

By two issues, appellant, Keith Redburn, appeals the trial court’s order (1) granting a plea to the jurisdiction filed by appellees, Charmelle Garrett, individually and as the City Manager of the City of Victoria, Texas (“the City”), Lynn Short, individually and as the Director of Public Works for the City, and the City, and (2) dismissing appellant’s claims against appellees with prejudic... More...   $0 (02-28-2013 - TX)

Carl Wells v. City of Corsicana

Carl and Terry Wells sued the City of Corsicana, asserting an inversecondemnation claim. Their claim pertains to Corsicana’s paving of its private road easement that runs along the western edge of the Wellses’ lot and provides access to Corsicana’s adjacent lot, which is the location of Corsicana’s water intake site on Richland Chambers Reservoir. They also complain of Corsicana’s instal... More...   $0 (02-03-2013 - TX)

Crosstex DC v. Terry Titus Button

Appellant Crosstex DC Gathering Company, J.V. condemned a portion of land owned by Terry Titus Button and Ossie A. Button for purposes of a pipeline easement.[2] The Buttons objected to the commissioner’s award, and the issue of damages resulting from the easement was tried to a jury. Crosstex now appeals from the part of the trial court’s judgment in condemnation awarding the Buttons $794,7... More...   $794789 (01-26-2013 - TX)

Billie and Carolyn Buckingham v. Josh McAfee

In this appeal, we are asked to decide if the trial court erred in declaring that appellants Billie and Carolyn Buckingham and Britt and Tara Buckingham (collectively “the Buckinghams”) do not own a portion of the Red River riverbed claimed by Josh McAfee and Shawn Scholl (collectively “McAfee”). We conclude that it did not, after considering the arguments urged by them.

Background<... More...
   $0 (12-17-2012 - TX)

Hanford-Southport, L.L.C. v. City of San Antonio

This is an appeal from a final judgment in a statutory condemnation case. See TEX. PROP. CODE ANN. § 21.011-.025 (West 2004 & Supp. 2012). In this appeal, appellant Hanford-Southport, LLC (“Hanford-Southport”) does not challenge the condemnation; rather, Hanford-Southport challenges the amount of the condemnation award. We affirm the trial court’s judgment.

BACKGROUND

The City... More...
   $0 (11-09-2012 - TX)

Tom and Marie McKenna v. J. Daniel Caldwell

Tom and Marie McKenna (McKenna) appeal the summary judgment entered in favor of J. Daniel Caldwell (Caldwell) in a dispute over an express easement. McKenna argues that the trial court erred when it granted summary judgment because the issue of whether the terms of the easement prohibit a gate or a cattle guard is a question of fact that cannot be resolved by summary judgment. Alternatively, McK... More...   $0 (10-26-2012 - TX)

Frederick W. Pfaff v. Yvonne Skeen

This appeal is from a summary judgment involving restrictive covenants. Appellant Frederick W. Pfaff brought suit against appellees Yvonne and Philip Skeen, alleging that the Skeens had violated various restrictive covenants that applied to the residential lots in the parties' subdivision. The parties filed competing motions for summary judgment, and the trial court granted the Skeens' motion for... More...   $0 (10-23-2012 - TX)

Enbridge Pipelines (East Texas), L.P. v. Gilbert Wheeler, Inc.

Enbridge Pipelines (East Texas) L.P. (Enbridge) appeals the trial court’s judgment entered in favor of Appellee Gilbert Wheeler, Inc. (Wheeler). Enbridge raises eleven issues on appeal. We reverse and remand.

BACKGROUND

Gilbert and Katherine Wheeler owned a one hundred fifty-three acre tract of rural, wooded property in Shelby County, Texas, that they called the “Mountain.”1 Th... More...
   $0 (10-19-2012 - TX)

LaFray Mitchell v. Robert L. Ballard

LaFray Mitchell and his wife, Mary Dee Mitchell, erected gateways1 on “Lamar County Road Number 15950” (Road) which was used by Robert L. Ballard and his wife, Loyce J. Ballard, to access their property. The Ballards sued to have the Road declared a public road after “repeated demands that the gate be removed” proved unfruitful. A jury trial resulted in findings favorable to the Ballards, ... More...   $0 (10-11-2012 - TX)

Baywood Estates Property Owners Association, Inc. v. Jack P. Caolo

Baywood Estates Property Owners Association, Inc. (the POA) appeals the summary judgment granted in favor of Jack P. Caolo, David and Candice Griffin, James Chumley, and Verne Beshear (Appellees). In a single issue, the POA argues for reversal of the summary judgment. We reverse and remand to the trial court for further proceedings.

BACKGROUND

In May 1971, Southwest Resorts Company f... More...
   $0 (09-28-2012 - TX)

Kyle L. Greenwood v. Marthan Joy Lee n/k/a Martha L. Clanton

Appellants, Kyle and Beverly Greenwood, defendants and counterplaintiffs below, appeal the trial court’s summary judgment which declared the scope of an easement and respective rights of the Greenwoods as owners of the dominant estate and neighboring servient estate owner, Martha Lee (now known as Martha Clanton), plaintiff and counterdefendant below. The Greenwoods challenge the trial court’s... More...   $0 (09-28-2012 - TX)

FPL Farming, Ltd. v. Environmental Processing Systems, L.C.

Following the jury trial of a trespass case, the trial court rendered judgment on the jury’s verdict for the defendant, Environmental Processing Systems, L.C., (EPS). The plaintiff, FPL Farming Ltd. (FPL) claimed that EPS trespassed onto its property by causing subsurface wastewater to migrate into the subterranean level of FPL’s tracts, which are located next to a tract on which EPS operates ... More...   $0 (09-14-2012 - TX)

Robert Pewitt v. Genna Terry

Robert Pewitt brings this interlocutory appeal from the district court's order temporarily enjoining him from preventing members of the Smith Cemetery Association from using a private road running across Pewitt's ranch for the purpose of accessing a private cemetery located on an adjoining ranch. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (West Supp. 2012). We will reverse the trial cour... More...   $0 (09-14-2012 - TX)

Barnes S.W. Plaza, LLC v. WF Retail Investments LLC

Appellant Barnes S.W. Plaza, LLC (Barnes) appeals the trial court’s final judgment, which incorporates its grant of Appellee WF Retail Investments, LLC’s (WF Retail) motion for partial summary judgment. In its sole issue, Barnes contends that the trial court erred by finding that a restrictive covenant did not apply to the property owned by WF Retail. We will affirm.

II. BackgroundMore...
   $0 (08-30-2012 - TX)

City of Haltom City v. Brian Aurell

In this interlocutory appeal,[1] appellant City of Haltom City (the City) appeals the trial court’s order denying its motion for summary judgment concerning the claims brought by appellees, whom we have listed above. In five issues, the City argues that the trial court does not have jurisdiction over appellees’ claims because the City’s immunity has not been waived. We reverse the trial c... More...   $0 (08-24-2012 - TX)

 
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