Walton v. Burns
2013 La. App. LEXIS 41
| La. Ct. App. | 2013Background
- Plaintiffs are current surface owners challenging judgments denying their motion to join mineral servitude owners as defendants in Suit #1 and denying amendments related to joining them in the case.
- Suit #1 involves a 340-acre Holly Ridge field where surface rights holders allege oilfield contamination from decades-old operations and seek remediation and damages.
- Suit #2, filed May 2011, names only the current mineral servitude owners (Butts) and asserts restoration obligations under the Mineral Code, mirroring Suit #1's factual allegations.
- The district court sustained lis pendens in Suit #2, finding identity of parties, claims, and transactions with Suit #1, effectively dismissing Suit #2 without prejudice.
- Supreme Court developments (Marin, Eagle Pipe) altered the understanding of duties between lessees, servitude owners, and surface owners regarding restoration and remediation.
- The court grants the writ, requires leave to amend Suit #1 to join the mineral servitude owners, remands for proceedings, and dismisses Suit #2 as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether leave to amend Suit #1 to join mineral servitude owners is proper | Walton/Lamm argue Art. 11/22 duties require joinder to preserve complete relief | Butts/McGowan contend late amendment/prejudice or same-capacity defenses bar joinder | Yes; court grants amendment and remand |
| Whether lis pendens in Suit #2 was properly sustained | Suit #2 presents separate but related theories; not identical capacity against same parties | Identities and same transaction justify dismissal under art. 531 | Moot answer; court preserves ruling on lis pendens for later consideration |
Key Cases Cited
- Marin v. Exxon Mobil Corp., 48 So.3d 234 (La. 2010) (redefines lessee restoration duty under Mineral Code Art. 122)
- Wagoner v. Chevron USA, Inc., 55 So.3d 12 (La.App. 2d Cir. 2010) (subsequent purchaser doctrine in oilfield legacy claims)
- Eagle Pipe & Supply Co. v. Amerada Hess Corp., 47 So.3d 428 (La.App. 4th Cir. 2010) (addresses subsequent purchaser doctrine context)
- Six C Properties LLC v. Welsh, 68 So.3d 609 (La.App. 1 Cir. 2011) (discussion of Mineral Code and restoration unit procedures)
- Dupree v. Oil, Gas & Other Minerals, 731 So.2d 1067 (La.App. 2 Cir. 1999) (servitude liability and restoration concepts)
- LeJeune Bros. Inc. v. Goodrich Petroleum Co., 978 So.2d 327 (La. 2008) (subsequent purchaser doctrine and tort vs. real obligations)