Crosstex North Texas Pipeline, L.P. v. Andrew Gardiner and Shannon Gardiner

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00182-CV

Crosstex North Texas Pipeline, L.P. § From the 431st District Court of

§ Denton County (2008-40133-362)

v. § November 13, 2014

§ Opinion by Justice McCoy

Andrew Gardiner and Shannon § Concurrence and Dissent By Gardiner Justice Walker

JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in the trial court’s judgment. It is ordered that the judgment of the

trial court is reversed and the case is remanded to the trial court for a new trial

and to allow the Gardiners to add the abnormal and out-of-place variation of their

nuisance claim.

It is further ordered that appellees Andrew Gardiner and Shannon Gardiner

shall pay all costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Bob McCoy_________________ Justice Bob McCoy