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Texas Easement Law
 
American Homeowner Pres. Fund, LP v. Pirkle

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property *2purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American's constitutional takings claims against the taxing authorities involved in the forecl... More...   $0 (11-28-2015 - TX)

Red Boot Production Company, Inc., Barbara Landrum, Widow of Claude John Landrum, Eric Landrum, Matthew Wayne Landrum, Scott Michael Landrum, Dawn Ewing Mills, Tamara Ewing, Sean Ewing, Laura Ewing, J. Patrick Morris Sr., Joseph J. Morris, et al v. Samson Exploration, LLC and SM Energy Company F/K/A St. Mary Land & Exploration Company, et al

In this trespass to try title appeal that concerns oil and gas interests, the parties to the appeal dispute whether the trial court properly granted summary
2
judgment quieting title to a strip of land in use as an irrigation canal. Based on the summary judgment evidence, the trial court determined that a 1908 deed and a 1916 deed conveyed the grantor’s interest in the two tracts to the ce... More...
   $0 (10-01-2015 - TX)

Lightning Oil Company v. Anadarko E&P Onshore LLC fka Anadarko E&P Company, LP

On August 19, 2015, this court issued an opinion and judgment in this appeal. Acting sua sponte, we withdraw our opinion and judgment of August 19, 2015, and substitute this opinion and judgment to clarify portions of the opinion. See TEX. R. APP. P. 19.1.
This is a subsurface trespass case between lessees of two adjacent mineral estates. Lightning Oil Company sued Anadarko E&P Onshore LLC to ... More...
   $0 (10-14-2015 - TX)

Nac Tex Hotel Co., Inc. v. Stephen Greak

Nac Tex Hotel Co., Inc. (Corporation) appeals a judgment awarding title and possession of certain real property and attorney’s fees to Stephen Greak, Dee Winston, and E & G Investments (collectively Partnership). For the reasons that follow, we modify the judgment to delete the award of attorney’s fees and affirm the judgment as modified.
BACKGROUND
In 1966, Arthur Temple and R.B. Thompson... More...
   $0 (09-23-2015 - TX)

Union Pacific Railroad Company v. Charles Seber and Barbara Seber

Charles and Barbara Seber sued Union Pacific Railroad Company
contending that it wrongfully removed the Sebers’ private railroad crossing. The
Sebers claimed a right to use the crossing pursuant to an implied easement by prior
use. The trial court granted summary judgment in favor of the Sebers, declaring
that the Sebers have a right to use the crossing and ordering Union Pacific t... More...
   $0 (09-10-2015 - TX)

In re: Sister Jan E. Renz, Independent Executor of the Estate of Bernice Morene Ille, Deceased

Relator Sister Jan E. Renz has filed a petition for writ of mandamus seeking to
compel the trial court to vacate orders that would require the Estate of Bernice Morene Ille (the
Estate) to immediately transfer certain assets and to pay the real party in interest’s attorney’s fees.1
For the reasons discussed below, we conditionally grant the writ.
Bernice died on January 23, 2013, a... More...
   $0 (09-15-2015 - TX)

American Homeowner Preservation Fund, LP v. Brian J. Pirkle, Tarrant County, Tarrant County Hospital District, City of Sansom Park, and Tarrant County Community College District

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property
2
purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American’s constitutional takings claims against the taxing authorities involved in th... More...
   $0 (09-03-2015 - TX)

Enbridge G & P (East Texas) L.P. v. Ben Samford and wife Bette Ann Samford, Cecil Jackson and wife Michelle Jackson and Sammy Monk

This is a condemnation case involving three tracts of land with separate ownership. Enbridge G & P (East Texas) L.P. appeals an award of damages in favor of the landowner condemnees, Ben Samford and wife, Bette Ann Samford; Cecil Jackson and wife, Michele Jackson; and Sammy Monk. In six issues, Enbridge complains of charge error and the failure of the trial court to exclude inadmissible damage tes... More...   $0 (07-31-2015 - TX)

Sunset Hills Homeowners Association, Inc. v. Frank Carroll

Appellant Sunset Hills Homeowners Association, Inc. challenges the trial court’s default judgment awarding it damages, attorney’s fees, and costs in its suit against Appellee Frank Carroll to collect unpaid assessments. In its sole
1See Tex. R. App. P. 47.4.
2
issue, Sunset Hills contends the trial court erred by refusing to include in the default judgment an order authorizing Suns... More...
   $0 (06-11-2015 - TX)

South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener v. Kitten Family Living Trust

Appellants, South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener (collectively “SPLR”), appeal from a property dispute decided in favor of Appellee, Kitten Family Living Trust (hereinafter the “Trust”), following a jury trial. In support, SPLR asserts (1) the evidence is legally and factually insufficient to support the jury’s finding that the parties reached an agreement for the Tr... More...   $0 (03-03-2015 - TX)

City of Highland Haven, Texas; and Burnet County, Texas v. Eugene Taylor and Charles Fenner

Appellees Eugene Taylor and Charles Fenner brought suit against Highland Haven
and Burnet County seeking damages for inverse condemnation caused by the County’s construction
of a bridge upgradient from their properties. The City and County filed pleas to the jurisdiction,
asserting that their governmental immunity barred suit because Taylor and Fenner’s pleadings
did not suppor... More...
   $0 (02-12-2015 - TX)

City of Highland Haven, Texas; and Burnet County, Texas v. Eugene Taylor and Charles Fenner

Appellees Eugene Taylor and Charles Fenner brought suit against Highland Haven
and Burnet County seeking damages for inverse condemnation caused by the County’s construction
of a bridge upgradient from their properties. The City and County filed pleas to the jurisdiction,
asserting that their governmental immunity barred suit because Taylor and Fenner’s pleadings
did not suppor... More...
   $0 (02-12-2015 - TX)

Duane K. Rossmann v. Bishop Colorado Retail Plaza, L.P.

Bishop Colorado Retail Plaza, L.P. (Bishop) agreed to lease two suites in a shopping center to LTHM–Dallas Operations, LLC (LTHM). In August 2010, LTHM signed written leases for the two suites, and WestMed III, LLC (WestMed) subsequently guaranteed payment under the leases. Both leases commenced on November 29, 2010 and were for a period of five years. After LTHM and WestMed defaulted on their a... More...   $0 (02-05-2015 - TX)

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)

 
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