Kinder Morgan Texas Pipeline, L.P. v. Circuit Court

276 S.W.3d 242, 372 Ark. 358, 2008 Ark. LEXIS 96

• Court: Supreme Court of Arkansas
• Decided: February 14, 2008
• Docket: 07-953
• Status: Published

Opinions

Robert L. Brown, Justice.

Kinder Morgan Texas : Pipeline, L.P.; Kinder Morgan Energy Partners, L.P.; Kinder Morgan G.P., Inc.; Kinder Morgan Tejas Pipeline, L.P.; Kinder Morgan Tejas Pipeline GP, Inc.; Texas Gas, LLC; Houston Pipeline Company; HPL GP, LLC; Gulf Energy Marketing, LLC; KM Texas Pipeline, LP; Midcon Corp.; AEP Gas Marketing, L.P.; and Shell U.S. Gas & Power, LLC (collectively “Kinder Morgan”) petition this court for writs of mandamus, certiorari, and prohibition to direct the Miller County Circuit Court to follow this court’s mandate in Centerpoint Energy, Inc. v. Miller County Circuit Court, 370 Ark. 190, 258 S.W.3d 336 (2007) (Centerpoint I) and to dismiss plaintiffs’ claims. For the reasons stated in Centerpoint Energy, Inc. v. Miller County Circuit Court, 372 Ark. 343, 276 S.W.3d 231 (2008) (Centerpoint II), a companion to this case, this court issues a writ of mandamus to require the circuit court to follow the mandate issued in Centerpoint I, which held that the circuit court was wholly without jurisdiction over all claims as they relate to Arkansas customers. In addition, this court issues a writ of prohibition because, if the circuit court is wholly without jurisdiction over all claims as they relate to Arkansas customers, venue is improper in Miller County.

Writ of mandamus granted; writ of prohibition granted; writ of certiorari moot.

Hannah, C.J., and Danielson, J., concur. Gunter, J., not participating.