Double M Petroproperties, Inc. v. Frisby

ARNOT, Chief Justice.

This is an appeal from an order granting a temporary injunction. We reverse and dissolve the injunction.

James E. Frisby owns the surface estate and a royalty interest in the mineral estate in the 438 acres involved in this suit. Double M Petroproperties, Inc., as a successor lessee to the oil, gas, and mineral lease, began in August of 1994 to inject saltwater into the Culbertson No. 2-5 well on the property. In July of 1996, Frisby sued Double M for damages arising from a saltwater spill; for a court determination of the acreage held by each of the three producing wells…