In Re Applied Chemical Magnesias Corp.

In this venue case we consider whether a declaratory judgment suit to determine the rights of the parties to a contract to acquire surface and mineral leases is an action involving an interest in real property thus making it subject to the mandatory venue provision of section 15.011 of the Texas Civil Practice and Remedies Code. We conclude that it is and conditionally grant the writ of mandamus.

I. Background

Applied Chemical Magnesias Corporation (“Applied Chemical”) and Texas Architectural Aggregate, Inc. (“Aggregate”) executed a letter agreement for a proposal to excavate brucitic marble 1…