Crosstex North Texas Pipeline, L.P. v. Andrew Gardiner and Shannon Gardiner

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00182-CV
Crosstex North Texas Pipeline, L.P. § From the 431st District Court of
§ Denton County (2008-40133-362)
v. § November 13, 2014
§ Opinion by Justice McCoy
Andrew Gardiner and Shannon § Concurrence and Dissent By
Gardiner Justice Walker
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in the trial court’s judgment. It is ordered that the judgment of the
trial court is reversed and the case is remanded to the trial court for a new trial
and to allow the Gardiners to add the abnormal and out-of-place variation of their
nuisance claim.
It is further ordered that appellees Andrew Gardiner and Shannon Gardiner
shall pay all costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Bob McCoy_________________
Justice Bob McCoy