Churchill Forge, Inc. v. Brown

filed a dissenting opinion,

in which Chief Justice PHILLIPS, Justice BAKER, and Justice O’NEILL joined.

Because I disagree with the Court’s interpretation of Property Code § 92.006, I cannot join the Court’s opinion or judgment in this case, and would affirm the court of appeals’ judgment that Churchill Forge take nothing from JoAnn Brown. Contrary to the Court’s view, the Legislature has in fact clearly limited the circumstances under which landlords and tenants may contract for tenants to be responsible for conditions affecting habitability. As I explain below, the Court’s interpretation of…