Pinnacle Gas Treating, Inc. v. Read

We deny Raymond Michael Read and Mark William Read’s motion for rehearing. We withdraw our opinion of March 6, 2003, and substitute the following in its place.

In this condemnation case, Pinnacle Gas Treating, Inc. sought to obtain a permanent utility easement and a temporary construction easement on property owned by Raymond and Mark Read and mortgaged to Thomas Fetzer II (collectively “the Reads”). Pinnacle obtained a writ of possession for the easements and constructed a pipeline. About two years later, the trial court granted the Reads’ motion to dismiss the condemnation proceeding,…