(DOWNLOAD) "Trenolone v. Cook Exploration Co." by In the Court of Appeals Sixth Appellate District of Texas at Texarkana " eBook PDF Kindle ePub Free
eBook details
- Title: Trenolone v. Cook Exploration Co.
- Author : In the Court of Appeals Sixth Appellate District of Texas at Texarkana
- Release Date : January 16, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
From an abandoned, subsurface, natural-gas pipeline under a residential development has erupted a dispute over whether Cook Exploration Company and Ponderosa Gathering, L.L.C. (collectively called "Cook") could rightfully transport gas through the pipeline under the homes and over the objections of Katherine Trenolone and her neighbors and fellow plaintiffs (collectively called "Homeowners"). From a summary judgment in favor of Cook, Homeowners appeal, asserting that fact issues exist as to ownership of both the pipeline and the easement and as to the right to use the pipeline. Cook asserts both that its lease entitles it to use the pipeline and also that the pipeline, as abandoned personalty, became owned by Cook, the first to possess the pipeline after its abandonment. We hold the summary judgment was improper because (1) fact issues exist as to whether Cook, as gas lessee, has a right to use the easement, and---although (2) the pipeline is conclusively personalty---(3) neither side conclusively proved ownership of it.