RHINOCEROS VENTURES v. TRANSCANADA KEYSTONE

No. 09-12-00128-CV.

388 S.W.3d 405 (2012)

RHINOCEROS VENTURES GROUP, INC. and Batson Corridor, L.P., Appellants v. TRANSCANADA KEYSTONE PIPELINE, L.P. and J.L. Caldwell Company Trust f/b/o Gustavus Adolphus Northcutt McFaddin, Appellees.

Court of Appeals of Texas, Beaumont.

Decided November 29, 2012.


Attorney(s) appearing for the Case

Robert Keith Wade , Law Offices of Robert Keith Wade, Beaumont, TX; Anthony G. Brocato , Law Offices of Anthony G. Brocato, Beaumont, TX, for appellants.

Thomas A. Zabel , James Andrew Freeman , Amy Marlyse Burgert , Zabel Freeman , Houston, TX; Joy M. Soloway , Stephen K. Carroll , Jeffrey S. Wolff , Fulbright & Jaworski L.L.P., Houston, TX; Dewey J. Gonsoulin , Mehaffy Weber , P.C., Beaumont, TX; Mark Emery , Fulbright & Jaworski L.L.P., Washington, DC, for appellees.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.


OPINION

STEVE McKEITHEN, Chief Justice.

This is an appeal from the denial of appellants' motion for summary judgment, in which appellants contended the trial court lacked subject matter jurisdiction because appellees were not statutorily authorized to condemn appellants' property. We affirm the trial court's order denying appellants' motion for summary judgment.

BACKGROUND

Appellee TransCanada Keystone Pipeline, L.P. ("TransCanada") filed...

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