William F. McNEILL, Page McNeill, Marilyn Cates, and The Black Trust, Plaintiffs-Respondents,
v.
BURLINGTON RESOURCES OIL & GAS COMPANY, Defendant-Petitioner.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
April 3, 2008.
April 3, 2008.
Attorney(s) appearing for the Case
Hinkle, Hensley, Shanor & Martin, L.L.P., Thomas M. Hnasko, Gary W. Larson, Michelle R. Haubert-Barela, Santa Fe, NM, for Petitioner.
Butt, Thornton & Baehr, P.C., Emily A. Franke, Albuquerque, NM, Law Offices of James P. Lyle, P.C., James P. Lyle, Albuquerque, NM, for Respondents.
Miller Stratvert, P.A., Marte D. Lightstone, Kelsey D. Green, Albuquerque, NM for Amicus Curiae New Mexico Oil and Gas Association.
Supreme Court of New Mexico.
OPINION
SERNA, Justice.
{1} We write, first, to clarify the proper measure of damages for negligent injury to a surface estate by a mineral lessee and, second, to analyze whether the discovery rule is applicable in the context of jurisdictional standing. We hold that evidence of the cost to repair damage to the surface estate by a mineral lessee's negligence may be relevant in analyzing the diminution in value of the property. The trial court...
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