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NATURAL GAS PIPELINE CO. OF AM v. JUSTISS

No. 10-0451.

397 S.W.3d 150 (2012)

NATURAL GAS PIPELINE COMPANY OF AMERICA, Petitioner, v. William JUSTISS, Darlene Justiss, Joseph Justiss, Tommy Alspaugh, Judy Alspaugh, Joe Denton Mashburn, Christine Mashburn, Joe Donald Mashburn, and Judy Mashburn, Respondents.

Supreme Court of Texas.

Decided December 14, 2012.

Attorney(s) appearing for the Case

Kevin J. Muenster , Taber Estes Thorne & Carr, PLLC, Dallas, TX, for Amicus Curiae Crosstex Energy Services, L.P.

Thomas A. Zabel , Zabel* Freeman @ Houston Attorneys, Houston, TX, for Amicus Curiae LaSalle Pipeline L.P.

James E. Mann , Duggins Wren Mann & Romero LLP, Austin, TX, for Amicus Curiae Texas Pipeline Association.

J. Brett Busby , Julia K. Wells , Kathryn Elizabeth Boatman , Phillip D. Sharp , Warren W. Harris, Bracewell & Giuliani, LLP, Houston, TX, for Petitioner Natural Gas Pipeline Company of America

James R. Rodgers , John Stephen Walker , Judy Hodgkiss , The Moore Law Firm, L.L.P., Paris, TX, for Respondent William Justiss.

Chief Justice JEFFERSON delivered the opinion of the Court.

Several homeowners alleged that noise and odor emanating from a gas company's compressor station caused a permanent nuisance. The company countered that because the homeowners' complaints predated their lawsuit by six years, limitations barred their action. A jury found that a permanent nuisance, which began just before the lawsuit was filed, diminished property values. The court of appeals affirmed the trial...

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