Lindemann Properties, Ltd. v. Campbell

OPINION ON REHEARING

BILL MEIER, JUSTICE

Appellant Lindemann Properties, Ltd. filed a motion for rehearing and a motion for en banc reconsideration of our opinion that issued on December 8, 2016. We deny both motions, withdraw our opinion and judgment dated December 8, 2016, and substitute the following.

I. Introduction

Lindemann sued Appellee Ward A. Campbell for a declaration that Campbell’s radio-transmission-tower easement terminated when he removed the original tower and replaced it with a new one. The trial court ultimately signed a take-nothing judgment in favor Campbell, concluding that…