Don Michael Higgins and Janet Higgins v. Charles H. Crowell, Teresa H. Crowell, and Camp Creek Water Company

Summary

The Texas Tenth Court of Appeals reviews an appeal arising from a dispute over the location of a boathouse at Camp Creek Lake. The court holds that the pre-2019 Texas Citizens Participation Act does not apply because the Higginses’ nuisance claims were based on the Crowells’ conduct in building the boathouse, rather than on communications. The appeal also concerns TCPA attorney’s fees and sanctions, summary judgment on nuisance claims against Camp Creek Water Company, and dismissal of derivative claims.

Holdings

1. The TCPA did not apply because the Higginses' claims were based on the Crowells' conduct in constructing a boathouse that interfered with the Higginses' property rights, not on a communication by the Crowells.
2. Because the TCPA did not apply and the dismissal was erroneous, the Crowells were not entitled to attorney's fees under the TCPA and the sanctions award was unauthorized.
3. Camp Creek Water Company was not entitled to no-evidence or traditional summary judgment because the Higginses produced evidence raising genuine issues of material fact concerning their occupancy interest in the lake area occupied by their boathouse, Camp Creek Water Company's intentional or negligent conduct, and injury caused by the nuisance.
4. A trial court may not dismiss a derivative proceeding under section 21.558 without evidence supporting the corporation's motion and the statutory determination.

Questions Presented

1. Whether the TCPA applied to the Higginses' claims against the Crowells when those claims were based on the Crowells' conduct in constructing the boathouse rather than on communications made during the approval process.
2. Whether the Crowells were entitled to TCPA attorney's fees and sanctions after the trial court's TCPA dismissal was erroneous.
3. Whether Camp Creek Water Company was entitled to traditional or no-evidence summary judgment on the Higginses' nuisance and negligence claims.
4. Whether the trial court could dismiss the Higginses' derivative claims under Texas Business Organizations Code section 21.558 without evidence supporting the corporation's motion.

Disposition

reversed_and_remanded