Smith-Southwest Industries v. Friendswood Development Co.

PEDEN, Justice.

This is an appeal from the granting of a summary judgment against the plaintiffs, Smith-Southwest Industries and other landowners similarly situated, who brought this class action against Friendswood Development Company and its corporate parent, Exxon Corporation, alleging that the severe subsidence of their lands was caused by the defendants’ withdrawal of vast quantities of percolating underground water from wells located on defendants’ land in the immediate vicinity of the plaintiffs' land.

The plaintiffs’ petition alleged four theories of recovery: (1) nuisance, (2)…