Supreme Court of Texas Blog

No. 09-0901
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TEXAS RICE LAND PARTNERS, LTD. AND MIKE LATTA v. DENBURY GREEN PIPELINE-TEXAS, LLC

Oral argument was held on April 19, 2011. The Court issued an opinion resolving the case on August 26, 2011. It then denied rehearing on August 17, 2012 File Closed

In the news...

Tracking 11 articles about this case.

March 27, 2014

Judge Floyd rules Denbury Green Pipeline can use eminent domain, despite previous reversal from Texas Supreme Court

from Southeast Texas Record

The Court has issued opinions:

Willett Jefferson Hecht Wainwright Medina Green Johnson Guzman Lehrmann

Opinion
*Corrected Opinion (Mar 2, 2012)

September 3, 2012

Cases in the news [Sep. 3, 2012]

from SCOTXblog

This article also mentions 7 other cases.

August 20, 2012

SC denies Denbury Greeen's motion for rehearing in common carrier case

from Southeast Texas Record

August 17, 2012

SCOTX sticks by its holding in the pipeline eminent-domain case; seven new grants, filling out the 2012 argument slate [Aug. 17, 2012]

from SCOTXblog

This article also mentions 8 other cases.

March 26, 2012

Cautiously apply eminent domain

from Austin American-Statesman

March 2, 2012

Takings by pipelines for private use (still not permitted); Petition about shareholder oppression gets a second chance [Mar. 2, 2012]

from SCOTXblog

The article also mentions:
  • COMMISSION FOR LAWYER DISCIPLINE v. HEATHER SCHAEFER
  • LEE C. RITCHIE, ET AL. v. ANN CALDWELL RUPE, AS TRUSTEE FOR THE DALLAS GORDON RUPE, III 1995 FAMILY TRUST
  • March 2, 2012

    Texas Supreme Court Reinforces Denbury Decision, Favors Landowners

    from State Impact NPR

    September 3, 2011

    Texas Supreme Court Forbids Taking of Land for Private Pipelines

    from Volokh Conspiracy

    February 11, 2011

    The Court decides to look more closely at the statute of limitations on royalty payments [Feb. 11, 2011]

    from SCOTXblog

    The article also mentions:
  • SHELL OIL COMPANY; SWEPI LP D/B/A SHELL WESTERN E&P, SUCCESSOR IN INTEREST TO SHELL WESTERN E&P, INC. v. RALPH ROSS
  • February 10, 2011

    Six new grants: Takings, takings, and… other stuff, too [Feb. 8, 2011]

    from SCOTXblog

    This article also mentions 5 other cases.

    Opinions

    August 17, 2012

    Wainwright
    Johnson

    Justice Wainwright delivered a concurring opinion, in which Justice Johnson joined. PDF

    March 2, 2012

    Willett
    Jefferson
    Hecht
    Wainwright
    Medina
    Green
    Johnson
    Guzman
    Lehrmann

    The Court withdraws its opinion issued August 26, 2011 and issues a substituted opinion. PDF

    Withdrawn Opinions

    The opinions below have been withdrawn by order of the Court.

    August 26, 2011

    Willett
    Jefferson
    Hecht
    Wainwright
    Medina
    Green
    Johnson
    Guzman
    Lehrmann

    Justice Willett delivered the opinion of the Court. PDF

    Court of Appeals

    Appellate District:9th Court of Appeals
    Outcome Below:Affirmed
    COA Docket No.:09-09-00002-CV
    Opinion Author:Honorable Charles Kreger

    Trial Court

    Trial Court:172nd District Court
    County:Jefferson
    Trial Judge:Honorable Donald J. Floyd
    Trial Docket:E-181,923

    Docket Entries

    Date Event Outcome  
    2014-05-21 Case Stored - stored case location updated  
    2012-09-26 Case Stored  
    2012-08-17 Motion for Rehearing - Disposed Denied
    2012-08-17 Concurring Opinion issued. Issued
    2012-08-17 Mandate issued  
      This case was waiting for a decision about a pending motion for rehearing between May 1, 2012 and August 17, 2012.  
    2012-05-01 Amicus Curiae Letter Received  
    2012-04-03 Case forwarded to Court
    2012-04-03 Motion for Rehearing  
    2012-03-14 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2012-03-14 Certification (various) in case received  
    2012-03-13 Motion for Extension of Time to File Motion for Rehearing  
    2012-03-09 Mandate recalled due to revision of judgment  
    2012-03-09 Miscellaneous motion disposed. See Remarks.   Filing granted
    2012-03-06 Miscellaneous Motion  
    2012-03-05 Miscellaneous motion disposed. See Remarks.   Filing dismissed as moot
    2012-03-02 Motion for Rehearing - Disposed Denied
    2012-03-02 Mandate issued  
    2012-03-02 New majority opinion substituted for prior opinion Court of Appeals' judgment reversed; cause remanded to trial court
    2012-03-02 Previous opinion withdrawn  
    2012-01-20 Letter brief (Respondent)  
    2012-01-17 Letter brief (Petitioner)  
    2012-01-06 Amicus Curiae Letter Received  
    2011-12-14 Amicus Curiae Brief received  
    2011-12-13 Amicus Curiae Brief received  
    2011-12-12 Amicus Curiae Brief received  
    2011-12-09 Amicus Curiae Letter Received  
    2011-12-09 Supplement to Reply (Petitioner)  
    2011-12-08 Phone call from Clerk's Office  
    2011-12-07 Amicus Curiae Brief received  
    2011-12-06 Amicus Curiae Letter Received  
    2011-11-23 Reply to Response to Motion for Rehearing filed (Respondent)  
    2011-11-14 Call received  
    2011-11-14 Response to Motion for Rehearing (Petitioner)  
    2011-10-28 Motion for Extension of Time disposed.   Filing granted
    2011-10-27 Motion for Extension of Time to File Response  
    2011-10-21 Amicus Curiae Letter Received  
    2011-10-18 Fully hyperlinked brief filed (Respondent)  
    2011-10-17 Amicus Curiae Letter Received  
    2011-10-17 Amicus Curiae Brief received  
    2011-10-14 Supreme Court of Texas Requested Response  
    2011-10-14 Amicus Curiae Brief received (Amicus Curiae)  
    2011-10-14 Amicus Curiae Letter Received  
    2011-10-12 Miscellaneous Motion  
    2011-10-12 Amicus Curiae Brief received  
    2011-10-12 Case forwarded to Court
    2011-10-12 Amicus Curiae Brief received  
    2011-10-12 Motion for Rehearing  
    2011-09-07 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2011-09-02 Motion for Extension of Time to File Motion for Rehearing  
    2011-08-26 Court approved judgment sent to attorneys of record Issued
    2011-08-26 Opinion issued Court of Appeals' judgment reversed; cause remanded to trial court
      This case was awaiting the Court's decision after oral argument between May 3, 2011 and August 26, 2011.  
    2011-05-03 Phone call from Clerk's Office  
    2011-04-29 Amicus Curiae Letter Received  
    2011-04-19 Exhibits in case/cause filed (Petitioner)  
    2011-04-19 Oral argument  
    2011-04-18 Letter brief (Petitioner)  
    2011-04-15 Oral Argument Submission Form from Attorney received  
    2011-04-15 Amicus Curiae Brief received  
    2011-04-14 Amicus Curiae Letter Received  
    2011-04-12 Amicus Curiae Brief received  
    2011-02-22 Oral Argument Submission Form from Attorney received  
    2011-02-11 Submission reset   Case set for oral argument
    2011-02-11 Motion to re-set submission date disposed   Filing granted
    2011-02-10 Phone call from Clerk's Office  
    2011-02-10 Phone call from Clerk's Office  
    2011-02-10 Phone call from Clerk's Office  
    2011-02-10 Letter Filed  
    2011-02-10 Call received  
    2011-02-09 Motion to re-set submission date filed.  
    2011-02-08 Petition for Review disposed Filing granted
    2011-02-08 Case set for oral argument   Case set for oral argument
    2011-02-08 Petition for Review granted
      This case was pending on merits briefs between September 14, 2010 and February 8, 2011.  
    2010-09-14 Reply Brief (Petitioner)  
    2010-08-30 Brief on the Merits (Respondent)  
    2010-07-26 Motion for Extension of Time disposed.   Filing granted
    2010-07-23 Motion for Extension of Time to File Brief filed  
    2010-06-25 Motion for Extension of Time disposed.   Filing granted
    2010-06-24 Motion for Extension of Time to File Brief filed  
    2010-06-09 Brief on the Merits (Petitioner)  
    2010-05-04 Motion for Extension of Time disposed.   Filing granted
    2010-05-03 Motion for Extension of Time to File Brief filed  
    2010-04-20 Case Record Filed  
    2010-04-13 Record Requested in Petition for Review
    2010-04-09 Brief on the Merits Requested  
    2010-03-29 MET to file reply disposed of   Filing granted
    2010-03-26 Reply to Response (Petitioner)  
    2010-03-26 Amicus Curiae Brief received  
    2010-03-26 Phone call from Clerk's Office  
    2010-03-26 Phone call from Clerk's Office  
    2010-03-23 Motion to Extend Time to File Reply filed  
    2010-03-08 Response to Petition (Respondent)  
    2010-02-05 Supreme Court of Texas Requested Response  
    2010-02-02 Electronic copies of brief posted to website  
    2010-01-26 Case forwarded to Court
    2010-01-22 Amended Petition for Review filed (Petitioner)  
    2009-12-22 Motion for Extension of Time disposed.   Filing granted
    2009-12-21 Motion for Extension of Time filed  
    2009-12-01 Response Waiver filed  
    2009-11-24 Motion for Extension of Time disposed.   Filing granted
    2009-11-24 Motion for Leave to File Amended Petition disposed   Filing granted
    2009-11-19 Designation of Lead Counsel  
    2009-11-19 Motion for Extension of Time filed  
    2009-11-19 Motion for Leave to File Amended Petition filed  
    2009-11-13 Motion to withdraw disposed of   Filing granted
    2009-11-12 Phone call from Clerk's Office  
    2009-11-10 Motion to Withdraw Filed  
    2009-11-03 Call received  
    2009-10-28 Petition for Review (Petitioner)  
    2009-10-28 Appendix Filed (Petitioner)  

    Parties

    Party Counsel Role
    Latta, Mike
    Mr. H. P. Wright
    Mr. Marcus Pitre
    Petitioner
    Texas Rice Land Partners, Ltd.
    Ms. Amy Warr
    Mr. Charles M. Butler III
    Mr. Anthony G. Brocato
    Mr. Douglas W. Alexander
    Petitioner
    Denbury Green Pipeline-Texas LLC
    Mr. C. Andrew Weber
    Ms. Kelli Harman Conlee
    Mr. J. Mitchell Beard
    Mr. Thomas H. Buchanan
    Mr. Jack Theodore Strother
    Mr. David E. Keltner
    Ms. Lynne Liberato
    Mr. Michael L. Baker
    Ms. Katharine D. David
    Ms. Melanie S. Reyes
    Respondent

    Amici Curiae

    Amicus Curiae Counsel
    Railroad Commission of Texas
    Mr. Lindil Carol Fowler
    Koch Pipeline Company, LP
    Mr. Jeffrey S. Levinger
    ETC NGL Transport, LLC
    Mr. David F. Johnson
    Occidental Chemical Corporation
    Mr. Charles B. McFarland
    Air Products and Chemicals, Inc.
    Mr. T. Christopher Trent
    Energy Tranfer Partners, L.P.
    Mr. Stephen K. Carroll
    Plains Pipeline, L.P.
    Mr. J. Lanier Yeates
    Texas Civil Justice League
    Mr. George S. Christian
    Texas Pipeline Association
    Texas Farm Bureau
    Mr. Douglas G. Caroom
    Copano Energy LLC
    Mr. Scott A. Brister
    Kinder Morgan CO2 Company LP
    Ms. Alice Reyla L. Ginsburgh
    Texas Pipeline Association
    Mr. Chauncey Marcus Lane
    Texas Oil and Gas Association
    Mr. Keith Strama
    Mr. Eric S. Lipman
    Mr. Shannon Wade Bangle
    Jackson, Felix H.
    Mr. Felix H. Jackson
    Texans for Lawsuit Reform
    Mr. Hugh Rice Kelly
    Crouch, A. G.
    Mr. Aziel G. Crouch III
    ...
    ...