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Click here for the full text of this decision FACTS:Applied Chemical Magnesias Co. (Applied Chemical) and Texas Architectural Aggregate Inc. (Aggregate) executed a letter agreement for a proposal to excavate brucitic marble from Aggregate-owned land in Culberson County (the Marble Canyon land). The agreement allowed Applied Chemical six months to study the feasibility of mining marble from the site, and provided an option to obtain surface and mineral leases upon proper notice to Aggregate and paying $5,000. After completing the feasibility study, Applied Chemical attempted to exercise its option to purchase the leases. Although Aggregate executed the surface lease contemplated in the letter agreement between the parties, it failed to deliver the written mineral lease. Aggregate did not deliver the mineral leases because it maintained that Applied Chemical had not fully complied with the terms of the agreement. Aggregate filed a declaratory judgment action in San Saba County seeking to clarify the rights and remedies of the parties under the letter agreement. San Saba County was chosen as the county of venue because that is where the agreement was negotiated and executed, and Aggregate’s principal place of business is located there. Applied Chemical answered and moved to transfer venue to Culberson County, the county in which the Marble Canyon land is located. In two subsequent amended motions, Applied Chemical corrected drafting errors, relying upon �15.011 of the Civil Practice & Remedies Code, which is a mandatory venue provision requiring suits involving interests in real property to be filed in the county where the property is located. After conducting a hearing, the trial court denied Applied Chemical’s motion to transfer venue. Applied Chemical now seeks mandamus relief in this Court after failing in that effort in the 3rd Court of Appeals. HOLDING:The court held that the action fell within �15.011′s mandatory venue provision. The essence of this dispute, the court stated, is whether Applied Chemical has a right to mine marble on Aggregate’s land. If it does, the court stated, Applied Chemical has a mineral lease, which involves an interest in real property. If not, then Aggregate would have a claim against Applied Chemical for damages to its property for the marble that has been removed from its land. The court concluded that the trial court’s denial of the motion to transfer amounted to a “clear and prejudicial error of law,” necessitating mandamus relief. As a result, the Court conditionally granted the writ of mandamus and directed the trial court to transfer venue to Culberson County. OPINION:Green, J.

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