Texaco Refining & Marketing, Inc. v. Crown Plaza Group

OPINION

COHEN, Justice.

This is a dispute between a landlord (Crown) and a tenant (Texaco) over proceeds of a partial condemnation that occurred during the lease. The parties stipulated that Texaco’s interest, if any, in the condemnation award is $385,000. The sole issue is whether Texaco had an interest in the award. Crown asserts that, as a matter of law, Texaco has no interest in the award. The trial judge agreed and granted Crown declaratory judgment relief, ruling that Texaco take nothing. We reverse and render judgment that Texaco recover $385,-000.

In 1972, H.A. Morris leased to Texaco,…