Southern Star Central Gas Pipeline, Inc. v. Murray

190 S.W.3d 423, 2006 Mo. App. LEXIS 304, 2006 WL 648014
CourtMissouri Court of Appeals
DecidedMarch 15, 2006
Docket26930
StatusPublished
Cited by8 cases

This text of 190 S.W.3d 423 (Southern Star Central Gas Pipeline, Inc. v. Murray) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southern Star Central Gas Pipeline, Inc. v. Murray, 190 S.W.3d 423, 2006 Mo. App. LEXIS 304, 2006 WL 648014 (Mo. Ct. App. 2006).

Opinion

ROBERT S. BARNEY, Judge.

Southern Star Central Gas Pipeline, Inc. (“Appellant”) appeals the trial court’s judgment denying it injunctive relief against David R. Murray a/k/a David R. Murphy (“Respondent”) arising from its allegations that Respondent was impairing its use of a pipeline easement by the presence of a permanent dwelling within the boundaries of its easement. Appellant alleges four points of trial court error discussed below. We affirm.

The record reveals that on July 8, 1999, Respondent purchased real property on which was located a modular home. Prior to Respondent’s purchase of the property, one of Respondent’s predecessors in interest granted a pipeline easement to one of Appellant’s predecessors in interest on September 28, 1967. The easement document was devoid of any language from which the easement size or location could be determined, i.e., it simply provided an easement somewhere “over and through the following real estate in Newton County, State of Missouri, to-wit: E/2 SW/4 SW/4 Sec 13-T24N-R33W except the West 208 feet of the North 416 feet thereof.” The easement further provides, in part, that

a Right-of-Way to construct, reconstruct, renew, operate, maintain, inspect, alter, replace, repair and remove a pipe line, and (subject to the payments hereinafter provided) additional pipe lines for the transportation of gas, oil, petroleum, or any of its products, water and *426 other substances and such drips, valves, fittings, meters and other equipment and appurtenances as may be necessary or convenient for such operations.... As part of the consideration hereof, [Appellant] agrees, upon Grantor’s written request therefor, to make a tap upon its gas pipeline constructed hereunder at a point nearest the principal dwelling house now on said land, and sell, or cause to be sold, to Grantor at said connection natural gas for domestic purposes in the principal dwelling house now on said land under and subject to such [Appellant’s] rules and regulations now and from time to time hereafter governing such sales, at the price from time to time charged domestic consumers of natural gas from this or [Appellant’s]pipeline and continue to so sell, or cause to be sold, such gas as long as [Appellant] transports gas through said pipeline, all subject to governmental restrictions upon the sale, delivery and use of natural gas.
And also from time to time additional such pipe lines and appurtenances together with the right of ingress and egress at convenient points for such purposes; together with all rights necessary for the convenient enjoyment of the privileges herein granted.

In 1968, Appellant’s predecessor in interest installed a twenty-inch pipeline underneath the property subject to the easement. The pipeline is buried four to six feet underneath the ground, and is part of a natural gas conveyance system that “runs from McDonald County, Missouri, up to [Appellant’s] Saginaw compressor station just on the south side of Joplin,” and has “a maximum operating pressure of 900 pounds.” The pipeline is classified as a “high pressure” line and the record reveals, “just for a perspective, a typical house delivery [line] is a half a pound. So this [pipeline] is 1,800 times greater than what somebody would have in their house.”

The modular home was on the real property at the time Respondent purchased the property in 1999 and Respondent.testified he believed it had been at that location since at least 1992. After purchasing the property in 1999, Respondent did not move the modular home, which at that time was without foundation and was merely sitting on concrete blocks.

Respondent also testified that during the first year he owned the property representatives from Appellant’s predecessor in interest visited his property to make inspections, but never mentioned the modular home was too close to the pipeline.

In September of 2000, Respondent moved into the home with his girlfriend and her two daughters; they began remodeling the home and Respondent eventually spent about $60,000.00 making improvements to it, including pouring a foundation for the home in 2001. After Respondent’s girlfriend called “Dig-Rite” in preparation for the pouring of the footing for the foundation, representatives from Appellant’s predecessor in interest visited Respondent’s property again. At that time, using yellow paint, the company marked the gas line about five feet from the residence. 1 According to Respondent, he discussed the pipeline with the company representatives at that time, and again they did not mention the home was too close to the pipeline. Thereafter, Respondent added a porch, stairs, a new roof, and additional rooms to the home.

*427 The record also shows that Appellant sent Respondent a form letter on March 12, 2004, informing him that

[a]s part of maintaining a safe and reliable pipeline system ... it is necessary for [Appellant] to clear all or part of its right-of-way of brush, trees and debris that interfere with the effective inspection and patrol of its pipeline system. During this project, [Appellant] will be clearing approximately 33 feet centered over the pipeline ... The end results [sic] will be a cleared corridor that is accessible by maintenance crews and enhances the effectiveness of aerial patrol.

Appellant’s representatives then visited Respondent on several occasions; each time Respondent prevented them from cutting any trees or brush on his property.

On May 27, 2004, Respondent received another letter from Appellant regarding the clearing of its easement right-of-way. The letter stated:

Incumbent on [Appellant], as a prudent and safety conscious operator of an interstate natural gas pipeline system, is the periodic obligation and right to keep clear its Rights-of-Way and easements of brush, trees and debris that might interfere with the effective inspection, patrol, operation and maintenance of its system, to assure that the pipeline remains safe to the general public ... In your particular case, [Appellant] has the need to remove 8-10 trees from your property which have been determined by [Appellant] to be a potential hazard to the continued safety of the pipeline that runs through your property. It is my understanding that you have stated that to accomplish that necessary work that [Appellant] “will have to get a court order.’ By this letter, [Appellant] wants to inform you that the clearing crew will be on your property on June 15, 2004, to perform such clearing. I trust that this can be performed without [Appellant] having to resort to seeking the assistance of the courts.

On June 16, 2004, Appellant filed its “Verified Petition for Preliminary Injunction” against Respondent. In its petition, Appellant stated, in part, that

7. Eight to ten trees have grown on top of the pipeline or within ten (10) feet of [Appellant’s] pipeline, and [Respondent] has placed a mobile home on top of the pipeline or within thirty-three (33) feet of [Appellant’s] pipeline on the Subject Property....
8.

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Bluebook (online)
190 S.W.3d 423, 2006 Mo. App. LEXIS 304, 2006 WL 648014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-star-central-gas-pipeline-inc-v-murray-moctapp-2006.