ETAN INDUSTRIES, INC. v. Lehmann

I respectfully dissent. By December 2002, the Lehmanns knew or should have known that Etan did not have a contractu*517al or legal right to use Bluebonnet’s easement, and had reason to believe that Etan did not have its own easement over their property. They waited to file suit until October 2005, more than two years later. Consequently, their tort claims are barred by limitations as a matter of law. Because the Lehmanns’ tort claims are barred, and because I conclude the Lehmanns are not entitled to either injunctive or declaratory relief, I would dissolve the injunction and reverse the portions…