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WIND MOUNTAIN RANCH, LLC v. CITY OF TEMPLE

No. 09-0026.

333 S.W.3d 580 (2010)

WIND MOUNTAIN RANCH, LLC, Petitioner, v. CITY OF TEMPLE, Texas, Respondent.

Supreme Court of Texas.

December 3, 2010.

Attorney(s) appearing for the Case

Ronald E. Pearson , Mary Black , Pearson & Pearson, Temple, TX, for Wind Mountain Ranch, LLC.

Stuart Smith , Naman Howell Smith & Lee LLP, Waco, TX, for City of Temple, Texas.

Joseph R. Knight , Baker & Botts, L.L.P., Austin, TX, for other interested party William T. Anderson, M.D. and for Amicus Curiae Texas Association of Realtors.

PER CURIAM.

In this case, we decide whether Wind Mountain Ranch's foreclosure of its deed-of-trust lien was barred by limitations. Texas registration law allows debtors and creditors to suspend limitations, but requires that extension agreements be recorded. TEX. CIV. PRAC. & REM.CODE § 16.037. Today's question is whether a bankruptcy order enforcing a Chapter 11 restructuring plan is a debtor-creditor extension agreement under the terms of the statute. We...

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