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McNEILL v. RICE ENGINEERING & OPERATING

No. 31,686.

229 P.3d 489 (2010)

2010-NMSC-015

William F. McNEILL, Marilyn Cates and The Black Trust, Plaintiffs-Petitioners, v. RICE ENGINEERING AND OPERATING, INC., Rice Engineering, Inc., Rice Operating Company, and Hobbs Salt Water Disposal System, whose General Partner is Rice Operating Company and whose Partners/Joint Ventures are Altura Energy Ltd., et al., Defendants-Respondents.

Supreme Court of New Mexico.

March 4, 2010.

Attorney(s) appearing for the Case

Law Offices of James P. Lyle, P.C., James P. Lyle, Albuquerque, NM, for Petitioners.

Montgomery & Andrews, P.A., Sarah M. Singleton, Jaime R. Kennedy, Stephen S. Hamilton, Santa Fe, NM, McCormick, Caraway, Tabor & Byers, L.L.P., John M. Caraway, Carlsbad, NM, for Respondents.

OPINION

CHÁVEZ, Chief Justice.

{1} Plaintiffs sued Defendants for trespass resulting from the operation of a salt water disposal well on Plaintiffs' property. The district court granted a motion for summary judgment to Defendants and Plaintiffs appealed. The Court of Appeals affirmed, holding that Plaintiffs lacked standing to bring a cause of action for trespass and unjust enrichment for acts that occurred before Plaintiffs owned their...

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