Crosstex N. Texas Pipeline, LP v. Gardiner (Opinion)Annotate this Case
Plaintiffs filed suit against Crosstex North Texas Pipeline, LP asserting that Crosstex had both intentionally and negligently created a nuisance. Specifically, Plaintiffs alleged that a compressor station built by Crosstex had greatly diminished the value of their ranch and ruined their financial investment, as well as their ability to use and enjoy their land. A jury found that Crosstex had “intentionally and unreasonably” created a nuisance as to Plaintiffs’ ranch, that the nuisance was permanent, and that the nuisance caused the ranch’s fair market value to decline by over $2 million. The trial court rendered judgment on the jury’s verdict. The court of appeals reversed, concluding that the evidence was not factually sufficient to support the jury’s finding of a negligently created nuisance. The Supreme Court clarified the law and affirmed, holding
holding (1) the term “nuisance” refers to a type of legal injury involving interference with the use and enjoyment of real property but does not describe a cause of action; and (2) a defendant can be liable for intentionally or negligently causing a condition that constitutes a nuisance, and neither claim requires a separate finding that the defendant unreasonably used its property when creating a nuisance.