VALENCE OPERATING CO. v. TEXAS GENCO, LP

No. 10-06-00252-CV.

255 S.W.3d 210 (2008)

VALENCE OPERATING COMPANY, Appellant, v. TEXAS GENCO, LP, Appellee.

Court of Appeals of Texas, Waco.

February 27, 2008.


Attorney(s) appearing for the Case

Brian D. Melton, Susman Godfrey LLP, Roger Townsend, Alexander Dubose Jones & Townsend, LLP, Houston, Bobby Reed, Reed & Reed, LLP, Groesbeck, for appellant.

John Anaipakos, Baker & Botts, LLP, Houston, Joe B. Cannon, Cannon & Simmons, Groesbeck, David E. Jackson, Jackson Sjoberg McCarthy & Wilson, Austin, for appellee.

Before Justice VANCE, Justice REYNA, and Judge ANDERSON.


OPINION

BILL VANCE, Justice.

In this accommodation doctrine case, Appellee Texas Genco, LP sought a permanent injunction to prevent Appellant Valence Operating Co. from drilling Well No. 9 of its Holmes "A" Gas Unit1 within cells 8 and 12 of Texas Genco's ash-disposal landfill. Valence, which has mineral rights in the Holmes Unit, obtained a permit from the Railroad Commission to drill...

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