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CHAPPELL HILL BANK v. SMITH

No. 14-07-00099-CV.

257 S.W.3d 320 (2008)

CHAPPELL HILL BANK, Appellant, v. Lillian SMITH, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

May 8, 2008.

Attorney(s) appearing for the Case

John V. Elick, Bellville, David A. Carp, Houston, for appellant.

Steven C. Haley, Brenham, for appellee.

Panel consists of Chief Justice HEDGES and Justices BROWN and BOYCE.

OPINION

JEFF BROWN, Justice.

Chappell Hill Bank appeals the trial court's summary judgment in favor of Lillian Smith as well as the court's denial of the bank's summary-judgment motion. The bank and Smith each own property facing Main Street in the same block in the town of Chappell Hill. In the action below, the bank sought (1) a declaratory judgment stating that a certain strip of land running behind its, Smith's, and other owners' properties is a public...

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