In City of San Antonio v. Reed S. Lehman Grain, Ltd., No. 04-04-00930-CV (Tex. App.--San Antonio Mar. 14, 2007, pet. denied), Reed dedicated a sewer line easement to the City of San Antonio in exchange for the City's agreement that Reed could connect to the sewer line as long as "Reed 'made a proper application' and 'entered into an agreement with the City for such sewer service.'"
Reed later sued the City when it denied sewer service.
Reed sought a declaration that "the City is obligated to comply with the terms of the Dedication Agreement by granting Lehman the privilege of connecting to the sewer line." Id.
The trial court denied the City's plea to the jurisdiction.
The San Antonio Court held that Reed's declaratory judgment claim sought to "enforce performance under the easement dedication contract." Id.