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BOERSCHIG v. SOUTHWESTERN HOLDINGS, INC.

No. 08-09-00071-CV.

322 S.W.3d 752 (2010)

John P. BOERSCHIG, Appellant, v. SOUTHWESTERN HOLDINGS, INC., Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled September 29, 2010.

Attorney(s) appearing for the Case

Renea Hicks , Austin, TX, for Appellant.

Roy B. Ferguson , The Ferguson Law Firm, Marfa, TX, for Appellee.

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

OPINION

GUADALUPE RIVERA, Justice.

John Boerschig appeals the trial court's judgment in favor of Southwestern Holdings, Inc. (SHI), stemming from his suit for trespass, injunctive, and declaratory relief. We affirm in part and reverse in part.

BACKGROUND

In the early 1900s, John A. Poole owned a sizeable ranch named La Cienega.1 The northern portion of that ranch, now known as the McCracken Ranch, was...

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