Legal Opinion

Wilbert Family Ltd. Partnership v. Dallas Area Rapid Transit

Court of Appeals of Texas

Decided May 23, 2012No. 05-10-01240-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

Opinion By

Justice FRANCIS.

Wilbert Family Limited Partnership and Central Hardwoods, Inc. appeal the trial court’s summary judgment in favor of Dallas Area Rapid Transit. In three issues, appellants claim the trial court erred in granting summary judgment because DART failed to establish as a matter of law their claims were barred by limitations, access to their property was not materially and substantially impaired by the loss of heavy rail access, and appellants’ federal law claims should have been dismissed. We sustain the second issue and reverse the trial court’s judgment and…

2Cases cited12 opinions

  1. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  2. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  3. Southwestern Electric Power Co. v. GrantTexas Supreme Court · 2002
  4. Rhone-Poulenc, Inc. v. SteelTexas Supreme Court · 1999
  5. Frost National Bank v. FernandezTexas Supreme Court · 2010

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. City of Houston v. Young Song and Ginger Song D/B/A WheelBurger, Gene Nazlankin D/B/A Silber Road Auto and World Catering, Inc., Texas Court of Appeals, 14th District (Houston)2013
  2. Darrell Church v. City of Alvin, Texas, Texas Court of Appeals, 1st District (Houston)2015
  3. Darrell Church v. City of Alvin, Texas, Texas Court of Appeals, 1st District (Houston)2015
  4. James David Horton and Jeffrey Horton v. Kimberly A. Stovall Individually, and Stovall & Associates, P.C., Texas Court of Appeals, 5th District (Dallas)2015

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