Schlup v. Bourdon

McAnany, J.:

John Bourdon and Alice Bourdon appeal from the district court’s grant of a permanent injunction preventing them from disconnecting Thelma Louise Schlup’s residence from the natural gas well located on their land. Because the Bourdons purchased their property, including the gas well, with no notice of Schlup’s claimed interest in the gas well, we reverse and remand the case for vacation of the permanent injunction.

The facts are essentially undisputed. Marvin Smith owned 40 acres of land in rural Douglas County near Baldwin City. In 1986 he leased 10 acres in the southwest quadrant…