TOWN OF DISH v. ATMOS ENERGY CORP.

No. 15-0613.

519 S.W.3d 605 (2017)

TOWN OF DISH, William Sciscoe, Denise Sciscoe, Eric Dow, Angela Dow, Robert Draper, Michelle Draper, John Harris, Kimberly Harris, Charles Pegg, Geraldine Pegg, Cody Petree, Alice Randall, Johnny Reames, Jeanette Reames, Margaret H. Wagner, Jane Wagner, Tim Zimmerman, and Tracy Zimmerman, Petitioners and Cross-Respondents, v. ATMOS ENERGY CORPORATION, Enbridge Gathering (North Texas) L.P., Energy Transfer Fuel, L.P., Enterprise Texas Pipeline, L.L.C., and Texas Midstream Gas Services, L.L.C., Respondents and Cross-Petitioners.

Supreme Court of Texas.

OPINION DELIVERED: May 19, 2017.


Attorney(s) appearing for the Case

Richard O. Faulk , Hollingsworth LLP, Washington DC, for Amici American Chemistry Council, American Coatings Association, American Foundry Society, Association of American Railroads, Council of Industrial Boiler Owners, Metals Service Center Institute, National Association of Manufacturers.

David F. Johnson , Joseph P. Regan , Winstead PC, Fort Worth, Evan Andrew Young , Carlos R. Romo , Baker Botts LLP, Austin, Karen S. Precella , Haynes & Boone, L.L.P., Fort Worth, Robert K. Wise , Andrew James Szygenda , Lillard Wise Szygenda PLLC, Dallas, Roger Clyfton Diseker , Clark Rucker , Kelly Hart & Hallman LLP, Fort Worth, George Parker Young , Vincent P. Circelli , Circelli, Walter & Young, PLLC, Fort Worth, Hunter Allen , Jonathan B. Rubenstein , Baker Botts L.L.P., Dallas, for Petitioners.

Kirk Matthew Claunch , James (Jim) R. Claunch , The Claunch Law Firm, Fort Worth, James D. Piel , James D. Piel, P.C., Southlake, for Respondents.


The energy companies in this case own four natural-gas compressor stations and a metering station just outside the Town of Dish.1 Residents began complaining about the noise and odor emanating from these facilities as early as 2006, but did not sue until 2011. We hold...

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