REXACO REFINING v. CROWN PLAZA GROUP

No. 01-91-00885-CV.

845 S.W.2d 340 (1992)

TEXACO REFINING AND MARKETING, INC., Appellant, v. The CROWN PLAZA GROUP, a Texas Joint Venture a/k/a the Crown Plaza Group, a Joint Venture a/k/a Crown Plaza Group, Crown Equities Co., Inc., Individually and as a Joint Venturer and Partner of Crown Plaza Group, a Texas Joint Venture, Crown Towers Co., Inc., Individually and as a Joint Venturer and Partner of Crown Plaza Group, a Texas Joint Venture, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 31, 1992.


Attorney(s) appearing for the Case

James J. McConn, Jr., Susan C. Stevenson, Hays, McConn, Price & Pickering, Houston, for appellant.

William H. White, Margaret A. Pollard, William H. White & Associates, Houston, for appellee.

Before COHEN, SAM BASS and JONES, JJ.


OPINION

COHEN, Justice.

This is a dispute between a landlord (Crown) and a tenant (Texaco) over proceeds of a partial condemnation that occurred during the lease. The parties stipulated that Texaco's interest, if any, in the condemnation award is $385,000. The sole issue is whether Texaco had an interest in the award. Crown asserts that, as a matter of law, Texaco has no interest in the award. The trial judge agreed and granted Crown declaratory judgment...

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