Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Eva Guzman, Justice Debra Lehrmann
Natural Gas Pipeline Company of America v. William Justiss, et al.?
from Lamar County and the Sixth District Court of Appeals, Texarkana?
For petitioner: Brett Busby, Houston?
For respondents: James R. Rodgers, Paris?
The issues are (1) whether sufficient evidence supported permanent nuisance claims that accrued within the two-year statutory limitations; (2) whether property owners’ testimony was sufficient to support diminution-in-value damage to their property; and (3) whether prejudgment interest was proper if plaintiffs did not segregate past and future damages. In this case Justiss and other property owners sued over what they claim was “unbearable” noise and odor from a natural gas-compressor station built in 1992. Noise and odor complaints began shortly after the station began oprating. Justiss filed suit two months after the state cited the compressor station in 1998 for exceeding permitted emissions levels. After a jury trial, the trial court awarded more than $2.2 million for declining property values and almost $650,000 in interest. The court of appeals affirmed, holding sufficient evidence supported 1998 as the date the cause of action accrued.
This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion about case merits.
Texas Supreme Court advisory
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