Mersac, Inc. v. National Hills Condominium Ass'n

Fletcher, Presiding Justice.

Mersac, Inc. brought a petition for declaratory judgment to establish the right to use a paved road that is within the common elements of National Hills Condominium Association, d/b/a The Summit. National Hills counterclaimed for an injunction against Mersac’s use of the road. The trial court denied the petition for declaratory judgment and issued a permanent injunction preventing Mersac from using the road. Because Mersac formerly owned the property over which it now seeks access and it failed to reserve an easement when it sold the property, we affirm.

Mersac…