W&T Offshore, L.L.C. v. Texas Brine Corporation and Texas Brine Company, L.L.C.; Texas Brine Company, L.L.C. v. W&T Offshore, L.L.C.

Summary

The Louisiana Supreme Court considered consolidated applications arising from the construction of a replacement brine pipeline under a 1979 lease and right-of-use provision. The court held that Texas Brine Corporation and Texas Brine Company, L.L.C. were not liable for trespass or damages and reinstated the district court’s dismissal of those claims, while affirming the court of appeal in all other respects. The opinion emphasized that its holding was limited to the unusual facts of the case, and separate dissents addressed the interpretation of Louisiana’s law governing rights of use and predial servitudes.

Holdings

1. Under the precise and narrow facts presented, the district court did not err in dismissing W&T Offshore's trespass and damages claims with prejudice.
2. The judgment of the court of appeal was affirmed in all respects other than its holding that Texas Brine committed a trespass and was liable for damages.

Questions Presented

1. Whether, under the highly unusual facts of the case, the district court erred by dismissing W&T Offshore's trespass and damages claims arising from Texas Brine's construction of a larger replacement pipeline in a different location.
2. Whether the court of appeal properly held that Texas Brine committed a trespass and was liable for damages.

Disposition

reversed