Fasken v. Darby

OPINION

BARAJAS, Chief Justice.

Barbara Fasken appeals an order of the trial court granting a temporary injunction that requires her to place two oil pumping units she operates on Appellees’ property in sub-surface cellars to accommodate Appel-lees’ center-pivot circular irrigation system. We vacate the order of the trial court, dissolve the temporary injunction, and remand this cause for trial.

I. SUMMARY OF THE EVIDENCE

Appellees are the surface owners of land in Gaines County, Texas, on which they operate a farm. Appellees acquired part of the land in 1974 and the remainder in 1979, and…