Crosstex North Texas Pipeline, L.P., N/K/A Enlink North Texas Pipeline, Lp v. Andrew Gardiner and Shannon Gardiner

This is a nuisance case, but that does not tell you much. As a legal concept, the word nuisance “has meant all things to all people.” W. Page Keeton et al., Prosser and Keeton on Torts § 86, at 616 (5th ed.1984) [hereinafter Prosser and Keeton]. Courts have used it to identify the cause or source of a harm, the harm suffered, and the resulting liability. Restatement (Second) of Torts § 821A cmt. b (Am. Law. Inst. 1979). The state of the nuisance doctrine some seventy years ago led Dean Prosser to declare nuisance as the law’s “garbage can.”. William L. Prosser, Nuisance Without Fault, 20 Tex.…