Whisenhunt v. Southwestern Telephone L.P.

ORDER GRANTING SUMMARY JUDGMENT

JAMES M. MOODY, District Judge.

Pending is Defendants’ Motion for Summary Judgment. Plaintiffs have responded. For the reasons set forth below, the Motion is GRANTED.

On March 4, 2006, Plaintiffs Joe D. and Margaret H. Whisenhunt (the “Whisen-hunts”) sold real property (“Fellowship Property”) to Fellowship Bible Church. The Whisenhunts retained adjacent real property (the “Whisenhunt Property”). (Ex. G to Complaint, Real Estate Purchase Agreement, at p. 1.) Under the Development Agreement between Fellowship and the Whisenhunts, the Whisenhunts agreed that they had…