Norman's, Inc. v. Wise

OPINION

BROOKSHIRE, Justice.

This litigation initially arose when The City of Beaumont condemned a right-of-way over a small part of a city lot. The right-of-way was some 18.9 feet wide. Later, a Petition for Declaratory Judgment was filed by Norman’s, Inc., to have its entire lease with George Wise, Appellee, declared as finally and totally terminated. The proceeding on the Petition for Declaratory Judgment was a Bench trial.

The Bench’s decision was that the lease was not terminated. The terminology used by the Court was the lease: “shall not be disturbed”. The two crucial, paramount *476paragraphs…