404 S.W.3d 754
Tex. App.2013Background
- Crosstex NGL Pipeline, L.P. obtained a Texas Railroad Commission permit to operate an 12-inch natural gas liquids pipeline from Daisetta to Louisiana.
- RRF owns a tract in Jefferson County along the proposed pipeline route and refused Crosstex’s request to enter for surveying.
- Crosstex sought declaratory judgment and a temporary injunction in May 2012 to prevent interference with surveying.
- The trial court held a hearing; only Crosstex witness testified; the court denied the temporary injunction without written findings.
- The interlocutory appeal focuses on whether Crosstex is entitled to injunctive relief and whether the pipeline would be a common carrier or a crude-petroleum line.
- Appellate review is limited to abuse of discretion in denying or granting a temporary injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to temporary injunctive relief | Crosstex asserts probable right and irreparable injury if not granted. | RRF contends no entitlement to injunctive relief and challenges public-use status. | No abuse; injunction denied. |
| Whether the pipeline is a crude-petroleum line under §111.002(1) | Natural gas liquids are crudes; line fits crude petroleum definition. | NGl pipelines are not crude petroleum under the statute. | Not a crude-petroleum line; trial court did not abuse discretion. |
| Whether the pipeline is a common carrier under §2.105 | Pipeline would serve public use and be RRC-regulated. | Evidence shows private use by Crosstex and affiliates. | Evidence supports a finding not clearly a public common carrier; no injunction. |
Key Cases Cited
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (temporary injunction standards and preservation of status quo)
- Davis v. Huey, 571 S.W.2d 859 (Tex. 1978) (abuse of discretion standard in injunctions)
- Tex. Rice Land Partners, Ltd. v. Denbury Green Pipeline-Tex., LLC, 363 S.W.3d 192 (Tex. 2012) (disputing public-use despite T-4 permit; factors for public use)
- Thomas v. Beaumont Heritage Soc’y, 296 S.W.3d 350 (Tex. App.—Beaumont 2009) (view evidence in light of trial court's order; sustain judgments)
- Tex. Nat. Res. Conservation Comm’n v. Butnaru, 85 S.W.3d 201 (Tex. 2002) (orig. proceeding and standards for temporary injunctions)