In Re Motiva Enterprises, L.L.C.

233 S.W.3d 910, 174 Oil & Gas Rep. 598, 2007 Tex. App. LEXIS 6961, 2007 WL 2445958

• Court: Court of Appeals of Texas
• Decided: August 30, 2007
• Docket: 09-07-311 CV
• Status: Published

Opinion

OPINION

PER CURIAM.

Motiva Enterprises L.L.C. (“Motiva”) petitions for a writ of mandamus to compel the trial court to vacate its order of June 6, 2007, which permitted extensive discovery pertaining to Motiva’s “crude expansion project.” The sole reason given by real parties in interest for their discovery request regarding the crude expansion project is their claim for “future” damages under their cause of action for permanent nuisance.

We have this day released our opinion in the companion mandamus proceeding, In re The Premcor Refining Group, Inc. and Motiva Enterprises L.L.C., 233 S.W.3d 904 (Tex.App.-Beaumont 2007, no pet. h.) in which we conditionally grant Premcor’s and Motiva’s petition for writ of mandamus holding the real parties in interest lack standing to pursue their cause of action for permanent nuisance. Therefore, we conditionally grant Motiva’s petition for writ of mandamus and direct the trial court to vacate its discovery order of June 6, 2007, at issue in this proceeding. We are confident the trial court will comply with this opinion; the writ issuing only if the court fails to do so.

WRIT CONDITIONALLY GRANTED.