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MERRY HOMES, INC. v. CHI HUNG LUU

No. 01-09-00187-CV.

312 S.W.3d 938 (2010)

MERRY HOMES, INC., Appellant, v. CHI HUNG LUU, Appellee.

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

February 18, 2010.

Attorney(s) appearing for the Case

Ben A. Baring Jr., De Lange, Hudspeth, McConnell & Tibbets, L.L.P., Houston, TX, Jennifer M. Dean, Law Office of Jennifer M. Dean, Kerrville, TX, for Appellant.

John S. Fason, Fason & Associates, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices BLAND and MASSENGALE.

OPINION

JANE BLAND, Justice.

In this commercial lease dispute, we determine whether a landlord may enforce a lease to operate a "nightclub or bar" and for "no other" purpose when the tenant cannot legally obtain a liquor license for the leased premises and the lease requires that any activity on the premises comply with applicable law.

After a bench trial, the trial court entered a judgment declaring the commercial lease between Merry Homes, Inc...

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