Homer Merriman, Petitioner v. Xto Energy, Inc., Respondent

Summary

The Texas Supreme Court affirmed summary judgment for mineral lessee XTO Energy against surface owner Homer Merriman, who sought a permanent injunction requiring removal of a gas well he claimed precluded his annual cattle roundup, sorting, and working operations. The Court held that under the accommodation doctrine Merriman had to prove he had no reasonable alternative method of continuing his cattle operation on the tract, and that his evidence of inconvenience and unquantified additional expense fell short of that burden. It also held that land he held under short-term leases could not be counted against him and that his existing use was fairly classified as his cattle operation rather than agriculture generally. No separate writings were filed.