TX FAR WEST v. TEXAS INVESTMENTS MANAGEMENT

No. 03-03-00316-CV.

127 S.W.3d 295 (2004)

TX FAR WEST, LTD., Appellant v. TEXAS INVESTMENTS MANAGEMENT, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 11, 2004.


Attorney(s) appearing for the Case

Barry K. Bishop, Austin, for appellant.

Peter A. Nolan, Melissa A. Prentice, Austin, for appellee.

Before Chief Justice LAW, Justices MACK KIDD and PURYEAR.


OPINION

MACK KIDD, Justice.

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...

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