MCZ, INC. v. Triolo

OPINION

DUGGAN, Justice.

This is an appeal from a declaratory judgment determining the rights of the parties with respect to the ownership and the proceeds of production of oil and gas from a 150 acre tract in Brazos County. The trial court’s judgment held that a nonparticipating royalty interest owner was “effectively” pooled into the second of two pooling units (which together covered the entire tract) and was bound by the second unit’s pooling agreement by virtue of having voluntarily entered a pooling agreement governing the first unit.

The case was submitted to the court without a jury upon…