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092 Landreth v. Melendez

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Landreth v. Melendez, 948 S.W.2d 76 (Tex. App.—Amarillo 1997, n.w.h.) considers whether the “accommodation doctrine” applies to a conflict between the surface owner and the mineral owner over surface […] More...

159 Sauceda v. Kerlin

Richard F. Brown Sauceda v. Kerlin, 164 S.W.3d 892 (Tex. App.—Corpus Christi 2005, pet. filed), considers the duty owed by the holder of the executive right to a non-participating royalty owner. The case involved a lengthy and complicated fact pattern bearing on the ownership of Padre Island. Simplified, immediately after the Mexican land grant […] More...

169 Ramirez v. Flores

Richard F. Brown Ramirez v. Flores, No. 04-05-0075-CV, 2006 WL 927295 (Tex. App.—San Antonio April 12, 2006, no pet.), is a suit for reformation of a deed. Ramirez agreed to sell the surface and 1/16th of the mineral estate in certain land to Flores. After the sale closed, Ramirez discovered that the title company […] More...

218 In re Discovery Operating, Inc.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. In re Discovery Operating, Inc., 16 S.W.3d 898, (Tex. App.—Eastland 2007, no pet.) holds that the Texas Railroad Commission (“Commission”) does not have exclusive or primary jurisdiction over claims […] More...

220 City of Mont Belvieu v. Enter. Prods. Operating, L.P.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. City of Mont Belvieu v. Enterprise Products Operating, 222 S.W.3d 515 (Tex. App.—Houston [14th Dist] 2007, no pet.) holds that the Legislature did not intend to fully preempt a […] More...

292 Exxon Corp. v. Emerald Oil Gas Co.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Exxon Corp. v. Emerald Oil & Gas Co., 331 S.W.3d 419 (Tex. 2010),held that the Texas Natural Resources Code creates private causes of action for breach of the statutory […] More...

301 Kohout v. City of Fort Worth

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Kohout v. City of Fort Worth, 292 S.W.3d 703 (Tex. App.—Fort Worth 2009, no pet.) held that a Fort Worth citizen was not harmed by the grant of a […] More...

013 Gavenda v. Strata Energy, Inc.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. In Gavenda v. Strata Energy, Inc., 705 S.W.2d 690 (Tex. 1986), the Supreme Court refused to find division orders a bar to recovery of underpaid royalties. The case arose […] More...

093 Amoco Production Co. v. Smith

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Amoco Production Co. v. Smith, 946 S.W.2d 162 (Tex. App. – El Paso 1997, n.w.h.), considers the statute of limitations applicable to the recovery of royalty overpayments in an action brought […] More...

185 – Veritas Energy, LLC v. Brayton Operating Corp.

Richard F. Brown The following is not a legal opinion. You should consult your attorney if the case may be of significance to you. Veritas Energy v. Brayton Operating Corp., No. 13-06-061-CV, 2008 WL 384169 (Tex.App.-Corpus Christi 2008, pet. filed), holds that marking the location of a proposed lease road will not preserve a lease […] More...