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WAYNE HARWELL PROP. v. PAN AMER. LOGISTICS

No. 04-96-00545-CV.

945 S.W.2d 216 (1997)

WAYNE HARWELL PROPERTIES, and N. Wayne Harwell, Appellants, v. PAN AMERICAN LOGISTICS CENTER, INC. and Vaughan & Sons, Inc., and Browning-Ferris, Inc., Appellees.

Court of Appeals of Texas, San Antonio.

April 9, 1997.

Attorney(s) appearing for the Case

James Willingham, Jr., Law Offices of Pat Maloney, P.C., San Antonio, for appellants.

G. Wade Caldwell, Martin, Drought & Torres, Inc., Reese L. Harrison, Jr., Craig A. Stokes, Oppenheimer, Blend, Harrison & Tate, Inc., San Antonio, for appellees.

Before RICKHOFF, LÓPEZ and ANGELINI, JJ.

RICKHOFF, Justice.

This is an appeal from summary judgment in a declaratory judgment action. Pan American Logistics Center and Vaughan & Sons, Inc. ("Vaughan") sought a declaratory judgment that agreements between themselves and Wayne Harwell Properties Inc. and N. Wayne Harwell ("Harwell") burdening a piece of land were personal covenants unenforceable against a third party purchaser, Browning-Ferris Inc. ("BFI"). The agreements concerned Harwell's right of first...

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