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Boerschig v. Southwestern Holdings, Inc.

Appellant first alleges that appellee attempted to allow others to use the easement to access nonappurtenant properties. Appellant appears to base his arguments on the possibility that, sometime in the future, appellee may allow others to use the easement to access nonappurtenant properties. These are hypothetical situations that are not ripe for consideration in a declaratory-judgment action. However, appellee may not use the easement to access nonappurtenant properties. And logically, if appellee cannot use the easement in this way, neither can its invitees. El Paso Court of Appeals, No. 08-09-00071-CV, 08-13-2010

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OPINION

John Boerschig appeals the trial court’s judgment in favor of Southwestern Holdings, Inc. (SHI), stemming from his suit for trespass, injunctive, and declaratory relief. We affirm in part and reverse in part.

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