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Z.A.O. v. YARBROUGH DRIVE CENTER

No. 08-99-00083-CV.

50 S.W.3d 531 (2001)

Z.A.O., INC. f/k/a Bell Thunderbird Oil Co., Inc., Appellant, v. YARBROUGH DRIVE CENTER JOINT VENTURE, Appellee.

Court of Appeals of Texas, El Paso.

February 8, 2001.

Attorney(s) appearing for the Case

Steven C. James, El Paso, for appellant.

Bruce Koehler, Steven L. Hughes, Mounce, Green, Myers, Safi & Galatzan, P.C., El Paso, for appellee.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

BARAJAS, Justice.

This is an appeal from a judgment entered against Z.A.O., Inc. for breach of contract, nuisance, and trespass. For reasons stated below, we affirm in part, reverse and render in part, and reverse and remand in part.

I. SUMMARY OF THE EVIDENCE

A. Factual History

In 1990, Yarbrough Drive Center Joint Venture, ("Yarbrough"), leased premises

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