Shelby Operating Co. v. City of Waskom

OPINION ON REHEARING

On motion for rehearing, Shelby contends that it did meet all the requirements for a permit under the original ordinance because the lease constituted consent as required by Original Ordinance 96. In our original opinion, this Court stated that Shelby was not entitled to a permit because it had not secured Aztec’s consent as was required by Original Ordinance 96. Shelby then argues that, “If this court does not change its opinion, it will have held, without discussion, that a surface owner in 1996 can unilaterally change an oil and gas lease executed in 1945.” Shelby then…