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H.G. SLEDGE v. PROSPECTIVE INV. & TRADING

No. 03-99-00879-CV.

36 S.W.3d 597 (2000)

H.G. SLEDGE, INC. and Railroad Commission of Texas, Appellants, v. The PROSPECTIVE INVESTMENT AND TRADING COMPANY, LTD., Appellee.

Court of Appeals of Texas, Austin.

November 9, 2000.

Attorney(s) appearing for the Case

H. Philip Whitworth, Scott, Douglass & McConnico, Austin, for Sledge.

Glenn E. Johnson, Hays, Johnson & Owens, L.L.P., Austin, for appellee.

Priscilla Hubenak, Asst. Atty. Gen., Austin, for Railroad.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and PATTERSON.

JAN P. PATTERSON, Justice.

The issue before us concerns the proper scope of the notice provision of the Railroad Commission's rule 37 related to well spacing. See 16 Tex.Admin.Code § 3.37(a)(2) (2000). This dispute arose when the Railroad Commission ("the Commission") denied a complaint filed by The Prospective Investment and Trading Company, Ltd. ("PITCO"), which challenged the validity of a drilling permit granted to H.G. Sledge, Inc. ("Sledge"). When...

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