In Re Houston Pipe Line Company LP, ETC Katy Pipeline, LLC, Energy Transfer Fuel, LP, and Oasis Pipeline, LP v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 13, 2025
• Docket: 01-24-00508-CV
• Status: Published

Opinion

Opinion issued February 13, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00508-CV ——————————— IN RE HOUSTON PIPE LINE COMPANY LP, ETC KATY PIPELINE, LLC, ENERGY TRANSFER FUEL, LP, AND OASIS PIPELINE, LP, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Houston Pipe Line Company LP, ETC Katy Pipeline, LLC, Energy

Transfer Fuel, LP, and Oasis Pipeline, LP, filed a petition for writ of mandamus

challenging the trial court’s June 17, 2024 order denying their plea to the jurisdiction and plea in abatement regarding the “discrimination” claim of real party in interest

XTO Energy Inc. (“XTO”).1

The June 17, 2024 order challenged by relators was signed by the Honorable

Jaclanel McFarland. On January 1, 2025, Judge McFarland ceased to hold the office

of judge of the 133rd District Court of Harris County. She was succeeded by the

Honorable Nicole Perdue.

Accordingly, on January 7, 2025, our Court entered an order substituting

Judge Perdue as the respondent in this original proceeding. See TEX. R. APP. P.

7.2(a). We also abated this mandamus proceeding in order to allow Judge Perdue

an opportunity to reconsider the ruling made the basis of relators’ mandamus

petition. See TEX. R. APP. P. 7.2(b) (“If the case is an original proceeding under Rule

52, the court must abate the proceeding to allow the successor to reconsider the

original party’s decision.”).

On February 5, 2025, relators filed a “Motion to Dismiss Mandamus

Proceedings Pursuant to Settlement.” They request that this mandamus proceeding

be dismissed pursuant to settlement. The motion includes a certificate of conference

1 The underlying case is XTO Energy, Inc. v. Houston Pipe Line Co., LP, ETC Katy Pipeline, LLC, Energy Transfer Fuel, LP, and Oasis Pipeline, LP, Cause No. 2021-63124, in the 133rd District Court of Harris County, Texas, the Honorable Nicole Perdue presiding.

2 stating that XTO “does not oppose the relief requested in [relators’] motion.” See

TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

We therefore lift the abatement imposed by our January 7, 2025 order,

reinstate the original proceeding on the Court’s active docket, grant relators’ motion,

and dismiss this mandamus proceeding in all things. All other pending motions are

dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guiney and Johnson.