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NUNEZ v. WAINOCO OIL & GAS CO.

No. 85-C-2307.

488 So.2d 955 (1986)

Adam G. NUNEZ v. WAINOCO OIL & GAS COMPANY, Tidewater Realty, Inc., Tidewater Barges, Inc., Wilshire Oil & Gas Company of Texas, Southern Cross Limited of Colorado, C.D.C. Producing Company, Williams Exploration Company, Southport Exploration, Inc., the John W. Mecom Company, T. Keith Marks, Donald F. Todd, Cynthia Todd Hendon, Ronald E. Martin, Guy V. Land, Remuda Corporation, Lawrence Barker, Jr., H.T. Freeman, Trustee, Joe Ramos, Trustee, William W. Wilson, Trustee, A.K. Mittelstaedt, Trustee, Robert E. Miller, Irving Pollack, John C. Kinard, Dan W. Williams, Andrew R. Fish, Harry Dernick, Dernick Resources, Inc., Marinex Petroleum Company, Roger and Company, Wynn & Associates, Exchange Oil & Gas Corporation, Leon County Development Company, Inc. and Cameron Development Company, Inc.,

Supreme Court of Louisiana.

Rehearing Denied June 19, 1986.

Attorney(s) appearing for the Case

Robert T. Jorden, Kerry M. Massari, Lawrence P. Simon, Jr., Martha Q. Thomas, Liskow & Lewis, Lafayette, John M. McCollam, Gordon, Arata, McCollam, Stuart & Duplantes, New Orleans, Edmund McCollam, McMahon & McCollam, Houma, for defendant-applicant.

Adam Nunez, Sulphur, for plaintiff-respondent.

CALOGERO, Justice.

We granted writs to determine whether the intrusion of a well bore (several inches in diameter) into the earth, at a point two miles beneath the surface, constitutes a trespass on the surface owner's property, where that property is included in a drilling unit created by the Commissioner of Conservation. Further, if a protected interest is involved, we are asked to consider whether La.Rev.Stat.Ann. § 30:1 et seq (which established and regulates...

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