Venue: Mineral Lease

摘要

Applied Chemical and Texas Architectural Aggregate, Inc. execute a letter agreement whereby Applied Chemical is given the right to study some land for the purposes of excavating brucitic marble. After the study period Aggregate agrees to execute surface and mineral leases upon the payment of $5000 by Applied Chemical. Applied Chemical seeks to exercise its option but Aggregate only provides it with a surface lease. Aggregate, however, allows Applied Chemical to begin its excavation operations. Shortly thereafter, Aggregate files a declaratory judgment action in San Saba County because that is the county where the agreement was negotiated and executed. Applied Chemical answers and moves to transfer venue to Culberson County based on the mandatory venue provisions of Tex. Civ. Proc. & Rem. Code § 15.011. The trial court denies the motion. The Court of Appeals also rejects Applied Chemical's petition for a writ of mandamus. Held: writ of mandamus conditionally granted. After finding that it had jurisdiction to hear the case, the court holds mat the mandatory venue provisions of § 15.011 dealing for actions for recovery of real property controls. The land in question is located in Culberson County. A declaratory judgment action seeking to determine the rights of the parties under the letter agreement clearly implicates an interest in real property.