Wayne Harwell Properties v. Pan American Logistics Center, Inc.

RICKHOFF, Justice.

This is an appeal from summary judgment in a declaratory judgment action. Pan American Logistics Center and Vaughan & Sons, Inc. (“Vaughan”) sought a declaratory judgment that agreements between themselves and Wayne Harwell Properties Inc. and N. Wayne Harwell (“Harwell”) burdening a piece of land were personal covenants unenforceable against a third party purchaser, Browning-Ferris Inc. (“BFI”). The agreements concerned Harwell’s right of first refusal to be general contractor on any improvements to the land, as well as a 20-year assignment of 15 percent of “net cash flow…