[Download] "Tx Far West" by Third District, at Austin Texas Court of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: Tx Far West
• Author : Third District, at Austin Texas Court of Appeals
• Release Date : January 15, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

This case involves a restrictive covenant that purportedly requires appellant TX Far West, Ltd. ("TX Far West") to pay an annual maintenance fee to appellee Texas Investments Management, Inc. ("appellee"). Because appellee never developed the land as originally contemplated, TX Far West sought a declaratory judgment that appellee had breached the restrictive covenant, and, in the alternative, that the restrictive covenant is not enforceable. Both parties moved for summary judgment, and the district court granted summary judgment for appellee and denied summary judgment for TX Far West. TX Far West appeals both the denial of its summary-judgment motion and the grant of appellee's summary-judgment motion. Because we conclude that appellee failed to prove that no issues of material fact exist and failed to prove that it was entitled to summary judgment as a matter of law, we reverse the district court's order granting summary judgment and remand to the district court for further proceedings.

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