TX Far West, Ltd. v. Texas Investments Management, Inc.

OPINION

MACK KIDD, Justice.

This case involves a restrictive covenant that purportedly requires appellant TX Far West, Ltd. (“TX Far West”) to pay an annual maintenance fee to appellee Texas Investments Management, Inc. (“appel-lee”). Because appellee never developed the land as originally contemplated, TX Far West sought a declaratory judgment that appellee had breached the restrictive covenant, and, in the alternative, that the restrictive covenant is not enforceable. Both parties moved for summary judgment, and the district court granted summary judgment for appellee and denied summary…