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Oilfield Groundwater Contamination Law

Jul 22, 2013 — by Jeff Mundy
Tags: Groundwater Contamination

Texas law provides that landowners have a right of action against oilfield operators for contamination of their land and groundwater supply.   There are several potential causes of action, but the most discussed is "trespass." "Trespass” means an entry on the property of another without having consent of the owner. To constitute a trespass, entry upon another's property need not be in person but may be made by causing or permitting a thing to cross the boundary of the property below the surface of the earth. Every unauthorized entry upon property of another is a trespass, and the intent or motive prompting the trespass is immaterial.

Appeal of Zoning Decision

Jul 15, 2013 — by Jeff Mundy
Tags: Land Use Law

A decision of a board of adjustment may be challenged by the filing of a petition in district court stating that the decision of the board is illegal in whole or in part and specifying the grounds of the illegality. Tex. Loc. Gov't Code Ann. § 211.011(a) (West 2008); Town of Bartonville Planning & Zoning Bd. of Adjustments v. Bartonville Water Supply Corp., No. 04-12-00483-CV, 2013 WL 2558272, at *6 (Tex. App.—San Antonio Mar. 27, 2013, no pet. h.); City of Alamo Heights v. Boyar, 158 S.W. 2d  545, 549 (Tex. App. San Antonio 2005, no pet.).  "On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision." Tex. Loc. Gov't Code Ann. § 211.011(c). If a writ is granted, the board must file a return concisely stating "any pertinent and material facts that show the grounds of the decision under appeal." Id. at § 211.011(d).

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