Herman v. Shell Oil Co.

OPINION ON REHEARING

SCOTT BRISTER, Chief Justice.

In this case we must decide how many gas stations may be fitted on a commercial tract in northwest Houston. Appellant, Stan Herman, appeals from a summary judgment in favor of Shell Oil Company and Motiva Enterprises LLC (“Shell”) that allowed only one. We withdraw our previous opinion of October 24, 2002, and issue this opinion in its place affirming that judgment.

The parties through their able attorneys entered a stipulation that discloses the following undisputed facts. In early 1983, Empire Properties Corporation granted Shell an option to…