Coloma Oil & Gas Corporation v. Railroad Commission

I dissent.

I agree that the validity of the Commission’s order granting the Appell permit may not be upheld on the ground that the tract on which it was granted is entitled to separate development as a matter of law. Our decision in Railroad Commission v. C. Murel Williams, 163 Texas 370, 356 S.W. 2d 131, destroys that theory for the granting of drilling permits as exceptions to Rule 37.

The real issue remaining in the case is this: Does the evidence introduced in the trial court discharge Coloma’s burden of proving that the order of the Railroad Commission granting the permit is not supported…