Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State of Texas v. Cemex Construction Materials South L.L.C.

The appellant, the state of Texas, brought suit against the appellee, Cemex Construction Materials South L.L.C., for conversion, breach of contract and trespass to try title seeking preliminary and permanent injunctive relief, confirmation of its title to the "valuable building materials" reserved to the state in its conveyances to the original purchasers of four parcels of public school lands, $558,000,000 in actual damages, and other relief. The state filed a motion for partial summary judgment, Cemex filed its motion for summary judgment, and both parties submitted respective replies and responses thereto. The trial court denied the state's motion for partial summary judgment and granted Cemex's summary-judgment motion. Under Title LXXI of the Mining Act of 1895, title to all deposits of granite, limestone, gravel, sand and any other mineral substances of whatever kind or character having commercial value located on the McKelligon Canyon lands are reserved to the state of Texas. The trial court's judgment is reversed and remanded, and judgment is rendered granting the state's motion for partial summary judgment. El Paso Court of Appeals, No. 08-10-00082-CV, 08-31-2011.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Appellant, the State of Texas (the State), brought suit against Appellee, Cemex Construction Materials South, L.L.C. (Cemex), for conversion, breach of contract, and trespass to try title seeking preliminary and permanent injunctive relief, confirmation of its title to the “valuable building materials” reserved to the State in its conveyances to the original purchasers of four parcels of public school lands described hereafter, $558,000,000 in actual damages, and other relief.*fn1 The State filed a motion for partial summary judgment, Cemex filed its motion for summary judgment, and both parties submitted respective replies and responses thereto. The trial court denied the State’s motion for partial summary judgment and granted Cemex’s summary-judgment motion. In two issues, the State contends the trial court erred on both summary-judgment rulings. We agree, and we reverse the trial court’s judgments below, render judgment granting the State’s motion for partial summary judgment, and remand the case for further proceedings.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Director of Court Administration & Development - New York

parkingticket.com is the world-leader in local, municipal compliance. Whether it be a food delivery, or a fine bottle of wine being delive...


Apply Now ›
(Exclusive) VP of Legal Wanted for Burgeoning Real Estate Investment Firm (Atlanta)

The Partners Group is currently recruiting a VP of Legal for our burgeoning client, a real estate investment firm in Atlanta, GA. The firm h...


Apply Now ›
IP ASSOCIATE (PATENT PROSECUTION)

McCarter & English, LLP is actively seeking a patent associate for its Intellectual Property Practice Group. Candidates should have supe...


Apply Now ›
Go to Lawjobs