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OAK HILLS PROPERTIES v. SAGA RESTAURANTS

No. 04-95-00577-CV.

940 S.W.2d 243 (1997)

OAK HILLS PROPERTIES, Appellant/Appellee, v. SAGA RESTAURANTS, INC.; CB Restaurants, Inc.; and Cafe Ranch, Inc., Appellees/Appellants.

Court of Appeals of Texas, San Antonio.

January 15, 1997.

Attorney(s) appearing for the Case

Douglas Wayne Sanders, Reese L. Harrison, Jr., Raymond W. Battaglia, Oppenheimer, Blend, Harrison & Tate, Inc., San Antonio, for Appellant/Appellee.

Samuel H. Bayless, Matthew C. Bradley, Gresham, Davis, Gregory, Worthy & Moore, P.C., San Antonio, for Appellees/Appellants.

Before HARDBERGER, C.J., and RICKHOFF and JOHN HILL, JJ.

OPINION

JOHN HILL, Justice (Assigned).

Oak Hills Properties appeals from the trial court's failure in this declaratory judgment action to declare that the term "restaurant," as used in a parking easement in connection with a ground lease, means "a business that secures over 50% of its revenues from food services as opposed to all other services." Oak Hills contends in a single point of error that the trial court abused its discretion by failing to enter...

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