Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of June 19, 2017.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Lindemann Props., Ltd. v. Campbell, No. 02-15-00392-CV (June 22, 2017) (op. on reh’g) (Meier, J., joined by Sudderth, J.; Walker, J., dissents with opinion).

Held:  Compelled by decades-old supreme court precedent, and supported by legally and factually sufficient evidence, Campbell’s easement for a radio transmission tower did not terminate when he removed the original tower and replaced it with a new one.

Dissent:  By its express terms, the easement authorized the installation of a single radio transmission tower and terminated if the tower was abandoned or removed.  Because a second bigger, taller, and wider radio transmission tower was installed, and the original tower was dismantled and destroyed, the trial court erred by declaring that the easement had not terminated.  The construction of the second radio transmission tower cannot be construed as maintenance of the original destroyed tower.