Legal Opinion

Hale County v. Davis

Court of Appeals of Texas

Decided September 18, 1978No. 8914PublishedCited by 19 opinions

1Opinion of the Court

REYNOLDS, Justice.

The primary issue in this appeal is the validity of a pipeline easement granted by a county in the subsurface of a county road owned by one individual for the private use of another. The trial court held the easement to be a nullity, ordered the pipeline removed, and permanently enjoined the nonowner use of the subsurface for private pipeline purposes. We affirm.

Harold G. Davis is the fee simple owner of the south one-half of Section Four, Block C-2, Hale County, Texas. Gene Kurklin and his father, J. H. Kurklin, own the northwest one-quarter of the same section. The west…

2Cases cited9 opinions

  1. Sumner v. CrawfordTexas Supreme Court · 1897
  2. Texas Farm Bureau Cotton Ass'n v. StovallTexas Supreme Court · 1923
  3. City of Dallas v. WrightTexas Supreme Court · 1931
  4. Hill Farm, Inc. v. Hill CountyTexas Supreme Court · 1969
  5. Hill Farm, Inc. v. Hill CountyCourt of Appeals of Texas · 1968

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3Cited by19 opinions

  1. Pittman v. City of AmarilloCourt of Appeals of Texas · 1980
  2. Town of Palm Valley v. JohnsonTexas Supreme Court · 2001
  3. Town of Palm Valley v. Johnson, Texas Court of Appeals, 13th District2000
  4. Gleason v. TaubCourt of Appeals of Texas · 2005
  5. Blackburn v. BRAZOS VALLEY UTILITIES, INC., Texas Court of Appeals, 9th District (Beaumont)1989

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