Crosstex North Texas Pipeline, L.p., N/k/a Enlink North Texas Pipeline, Lp, Petitioner v. Andrew Gardiner And…

Summary

The Texas Supreme Court affirmed the Court of Appeals’ judgment remanding the case for a new trial, clarifying that a nuisance is a legal injury defined by substantial and unreasonable interference with the use and enjoyment of land, and that liability may arise from intentional, negligent, or abnormally dangerous conduct. The Court also held that the trial court properly denied a proposed “abnormal and out‑of‑place” claim because no abnormally dangerous activity was shown, and that the evidence was legally sufficient to support the jury’s finding of negligent nuisance.