Central Baptist Theological Seminary v. Entertainment Communications, Inc.

OPINION

PARKER, Judge.

Central Baptist Theological Seminary, d/b/a WCTS-FM (the Seminary), brought suit, claiming that Entertainment Communications, Inc., a/k/a Entercom, breached a contractual duty to the Seminary to provide space on an FM radio tower for 99 years. The Seminary submitted a summary judgment motion, which was denied. Entercom then filed a summary judgment motion, which was granted by a different judge. The Seminary appeals from the trial court’s determination that (1) because an act of God (destruction of the tower by a windstorm) rendered performance impossible, Entercom was…