Texas Supreme Court

Robert W. Drye, Petitioners v. Eagle Rock Ranch, Inc., Respondents

January 30, 1963364 S.W.2d 196

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals' judgment that the lot owners did not acquire easements for pleasure and recreation over the 1,000‑acre Eagle Rock Ranch by private dedication, implication, or estoppel. However, on rehearing the Court granted the lot owners full use of the streets and access roads shown on the recorded plats, holding those rights to be implied easements. The majority rejected the lot owners' broader claims, while Justice Smith dissented, arguing that equitable estoppel and a private dedication should give the owners the sought recreational easements.