Phoenix Holdings, Ltd. v. Circle C Land Corp

In Phoenix Holdings, Ltd. v. Circle C Land Corp. 987 S.W.2d 933 (Tex. App.--Austin 1999, pet. denied), the original developer, Circle C Land Corporation ("Circle C"), conveyed completed utility facilities to four different local MUDs according to the terms of four different MUD contracts. Id. at 934. Thus, Circle C's entitlement to payment from the MUDs under the respective contracts matured. Circle C then sold its development to Phoenix Holdings, and as a part of that sale, Circle C assigned to Phoenix Holdings its right to some of the MUD reimbursement payments. Id. at 934-36. The Austin court of appeals was called upon only to determine which MUD payments Phoenix Holdings had been assigned. Id. at 934-35. Circle C obtained its right to the MUD reimbursement payments because it conveyed the facilities' title to the various MUDs according to the terms of the contracts. Id. at 934. Because its entitlement to be paid had matured, Circle C had the right to assign its interests in the MUD payments in any manner it desired. Phoenix Holdings is not a case where a right to reimbursement was "reserved" or "severed" from title to the property.