Monday, October 13, 2014

Defendant’s Motion for Summary Judgment Granted in Part in Conversion-ish Claims

Originally published by .



Sherman courthouse Hillman v. City of McKinney , NO. 4:11-CV-150 (10/2/14)


Judge: Amos Mazzant


Holding: Defendants Motion for Summary Judgment Granted in Part


Plaintiffs were owners of a family entertainment business located in the city of McKinney, Texas. In February 2009, the bank foreclosed on the real property and building that housed the business. This lawsuit arose out of a dispute between the business owners and the building owners over their access to the building while the building in the process of being sold to a new owner.


After parsing through the applicable facts and relevant legal standards, Judge Mazzant found that the plaintiffs’ claims for loss of goodwill and loss of reputation damages must be dismissed, but that some of their claims against the new purchaser of the building (and other parties related to the building and its change of ownership) did survive.



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