Friendswood Development Co. v. Smith-Southwest Industries, Inc.

576 S.W.2d 21 (1978)

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Nature of the Case

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Facts

Smith (P) and others brought a class action against Friendswood (D) for allegedly pumping large amounts of subsurface waters from his property for sale to primarily industrial users. D’s corporate parent was Exxon. The wells were drilled from 1964 to 1971. There were engineering reports given to D that showed that production from these wells would result in a certain amount of land subsidence in the area. P alleged that the wells were negligently spaced too close together and too near the common boundary of lands owned by P and D. P also alleged that D pumped excessive quantities with the knowledge that subsidence would occur. P alleged that the pumping proximately caused his property to sink below mean sea level. P's property was situated along the shores of Galveston Bay and Clear Lake. The subsidence resulted in damage to residences, businesses, and improvements. P also alleged that D’s continued pumping is a nuisance and will result in permanent loss and damage to their property. P concedes that subsidence in the area complained of was known to be a potential problem before D began its operation. P’s also allege that D knew of the problem and that there was a substantial probability that pumping the quantities that were taken would result in severe problems. There was summary judgment proof of such knowledge and aggravation.