Gilbert Wheeler, Inc. v. Enbridge Pipelines (East Texas), L.P.

This case presents various issues regarding the proper manner of compensating a landowner for the destruction of trees on his property. As a general rule, when an injury to real property is temporary, the owner is entitled to damages commensurate with the cost of restoring his property, but when an injury to the same property is permanent, the owner is entitled to damages commensurate with the loss in the fair market value to the property as a whole. In today’s case, we consider whether this general rule applies when the wrongful conduct causing the injury stems from breach of contract rather…