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Click here for the full text of this decision FACTS:Don and Peggy Denman brought suit against SND Operating LLC, complaining of unused pipelines, oil field equipment and oil spills on land they purchased. At issue was whether the Denmans had standing to bring the claims. The trial court granted SND’s plea to the jurisdiction as to all claims except the Denmans’ claim under the Texas Litter Abatement Act, and then granted SND a summary judgment concerning the Texas Litter Abatement Act claim. The Denmans appealed. HOLDING:Affirmed in part and reversed and remanded in part. SND argues that the Denmans failed to timely appeal both the plea to the jurisdiction and the summary judgment. The court holds that the Denmans timely filed their notice of appeal. Specifically, the court finds that no written order severing the tort claims was signed until April 7, 2004, which was the same day the trial court granted summary judgment concerning the Texas Litter Abatement Act. Therefore, both notices of appeal were due May 7, 2004. Under the mailbox rule, the court concludes that the notice of appeal was timely. The Denmans contend the trial court erred in granting the plea to the jurisdiction concerning their negligence, negligence per se, nuisance, trespass and unjust enrichment causes of action because they alleged new injuries occurred after they purchased their property. The Denmans’ alleged injuries include damage to their tractor and farm equipment from coming in contact with oil and gas production equipment; unreasonable and unnecessary use of the surface by SND since the Denmans have owned the property; discharge of hydrocarbons and/or toxic materials on the property since the Denmans have owned the property; inability to clear, cultivate, plant or build on the property; and an inability to obtain financing on the property or use the property as collateral. The court finds that the Denmans had standing to sue for injuries to their land occurring after they purchased their property � thus requiring a partial reversal and remand � but not for pre-existing injuries. Although the Denmans lack standing for the majority of their allegations, including the unused pipelines and other equipment, the court holds that they do have standing to complain of discharges of hydrocarbons and for damages to their farm equipment that have occurred since their purchase of the property. Therefore, the trial court erred in granting the plea to the jurisdiction as to those claims. The Denmans also argue they have standing because they “may sue” under �85.321 of the Texas Natural Resources Code. Section 85.321 provides for a private cause of action when a person is damaged by a violation of certain provisions of Chapter 85 or a rule of the Railroad Commission. The court states that the problem with the Denmans’ argument is they failed to assert this cause of action as a basis for recovery. The court notes that a cause of action under �85.321 is not pleaded in their original petition or any of their amended petitions. Consequently, the court holds that the Denmans did not plead a claim under �85.322 of the Texas Natural Resources Code. Finally, the Denmans argue that the trial court erred in granting SND’s motion for summary judgment concerning their claim under the Texas Litter Abatement Act. The court notes that to prevail under the Texas Litter Abatement Act, the Denmans were required to prove SND disposed of litter or solid waste on their land as defined by the act. But the court points out that because the waste complained of originated from oil and gas production, the waste is exempt from the Texas Litter Abatement Act. The court rejects the Denmans’ argument that that the exception for oil and gas exploration and production does not apply because their claims are not confined to pollution of surface water or subsurface water and holds that the Texas Litter Abatement Act does not apply. OPINION:Morriss, C.J.; Morriss, C.J., Ross and Carter, JJ.

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