Suit over $4M land tract dismissed

By David Yates | Sep 25, 2012

In July, Susan McCurry filed a petition for partition against Texas Mountain Ranch and Mark and Carolyn Fertitta, seeking to properly divide up a tract of land worth around $4 million. 

Court records show that on Sept. 10 McCurry filed a motion to dismiss.

That same day, Judge Milton Shuffield, 136th District Court, dismissed the action against the defendants without prejudice.

The petition states McCurry and the Fertittas are one-third, co-owners of undivided interest in certain real estate in Bandera and Medina Counties. The other third interest belongs to Elizabeth Wadill.

The land is estimated to be worth more than $4 million.

“Defendants … have expressed an interest in obtaining a one-half divided possessory interest in the tract,” the suit states. “Plaintiff has attempted to negotiate an equitable division of the property. However, defendants … have been unreasonable in proposing a division of the property, thus, necessitating this lawsuit.”

The plaintiff was asking the court to enter a decree as follows:

  • Determining the share of each of the joint owners of the property;

  • Determining that the property is susceptible to partition and directing partition;

  • Appoint commissioners to make such partition; and

  • Awarding of court costs and attorney’s fees.

Attorney George Bean of the Beaumont law firm Cashiola & Bean represents the plaintiff.

Case No. D192-707

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