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In re Emerson
Court of Appeals of Texas, Twelfth District, Tyler
October 17, 2019
IN RE: PHILIP J. EMERSON, JR., RELATOR
ORIGINAL PROCEEDING
Panel
consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
Greg
Neeley, Justice
Philip
J. Emerson, Jr., acting pro se, filed this original
proceeding requesting that this Court order Respondent to
vacate his September 12, 2019, order granting the motion for
summary judgment filed by Robert E. Mead, Jr., and Lynwood
Champion, the Real Parties in Interest (RPIs).[1] We deny the writ.
Background
Emerson
sued the RPIs regarding real estate transactions conveying
acreage in the wilderness area of Holly Lake Ranch. Emerson
alleged the following against both Mead and Champion:
A. Relief Sought
141. Non-monetary relief in the form of declaration that the
deeds for the WRA [Wilderness Recreation Area] to Mead, Big
Sandy Creek Ranch, LLC, Camp Greenhead, LLC, and LAPA
Champion are void, and monetary relief in the form of
reimbursement to Plaintiff, me, Philip "PJ" Emerson
Jr., of Plaintiff's expenses, together with costs.
142.In the alternative of quieting title, I ask that
constructive and resultant trusts be imposed on Mead, and
that constructive trust be imposed on Champion mandating the
return of the property with damages. …
C. Plaintiff's, Individually and on Behalf of
Those Similarly Interested, Interest in the Property
151. I have a justiciable interest in the WRA as it grants to
me in two ways. First, as a member of HLRA [Holly Lake Ranch
Association], and second, as a lot owner showing appurtenant
recreating areas connecting to the subdivision my land is in.
As shown in the excerpt to the plat for part I, section III,
Holly Lake Ranch, the road going to the recreational area is
not a court like the other streets in the subdivision.
D. Defendant's Claim as Cloud on Title
152. Beginning in 2004, my claim commenced when Silverleaf
Resorts, Inc., transferred land in the Development's WRA
to Mead.
153. On September 9, 2015, my claim commenced when Mead, by
and through Camp Greenhead, LLC, sold part of the WRA to
Champion, by and through LAPA Champion, and the two, Mead and
Champion began to exclude lot owners ...