Trinity Professional Plaza Assocs. v. Metrocrest Hospital Authority

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

The principal issue in this case is whether a ground lease, as opposed to a fee simple conveyance, contains an unreasonable restraint on alienation. Both lessor 1 and lessee 2 filed motions for summary judgment. The trial court granted lessor’s motion and denied lessee’s motion. Lessee appeals. We affirm.

Lessor is an instrumentality of the State of Texas created as a nonprofit unit of local government pursuant to Chapter 262 of the Texas Health & Safety Code. Lessor is authorized to construct, purchase, enlarge, furnish, or equip one or more…