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Bundrick v. Anadarko Petroleum Corp.

Court of Appeal of Louisiana, Third Circuit

March 4, 2015

VINCENT CHARLES BUNDRICK, ET AL.
v.
ANADARKO PETROLEUM CORP., ET AL

APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF ST. MARTIN, NO. 70353. HONORABLE GERARD B. WATTIGNY, DISTRICT JUDGE.

Donald T. Carmouche, Talbot, Carmouche & Marcello, Baton Rouge, LA, COUNSEL FOR PLAINTIFFS/APPELLANTS: Vincent Charles Bundrick, Cajun Pride, Inc.

Paul M. Lavelle, Winstead PC, New Orleans, LA, COUNSEL FOR DEFENDANT/APPELLEE: Great Southern Oil & Gas Co., Inc.

Richard M. Simses, Winstead PC, The Woodlands, TX, COUNSEL FOR DEFENDANT/APPELLEE: Great Southern Oil & Gas Co., Inc.

Robert B. McNeal, Liskow & Lewis, New Orleans, LA, COUNSEL FOR DEFENDANT/APPELLEE: ExxonMobile Pipeline Company.

Karen T. Bordelon, Babineaux, Poche, Anthony, and Slavich, LLC, Lafayette, LA, COUNSEL FOR DEFENDANT/APPELLEE: Vernon E. Faulconer, Inc.

Michael R. Phillips, Claire E. Juneau, Kean Miller LLP, New Orleans, LA, COUNSEL FOR DEFENDANTS/APPELLEES: Chevron USA, Inc., Four Star Oil and Gas Company.

Richard D. McConnell, Jr., Kean Miller LLP, Baton Rouge, LA, COUNSEL FOR DEFENDANTS/APPELLEES: Chevron USA, Inc., Four Star Oil & Gas.

Jonathan R. Cook, Wall, Bullington, & Cook LLC, New Orleans, LA, COUNSEL FOR DEFENDANT/APPELLEE: Anadarko Petroleum Corporation.

Jessica T. Gachassin, Johnson Gray McNamara, LLC, Lafayette, LA, COUNSEL FOR DEFENDANT/APPELLEE: Shell Oil Company.

Christopher M. Rhymes, Liskow & Lewis, Lafayette, LA, COUNSEL FOR DEFENDANT/APPELLEE: BP America Production Company.

Court composed of Jimmie C. Peters, Marc T. Amy, and Shannon J. Gremillion, Judges.

OPINION

Page 1138

[14-993 La.App. 3 Cir. 1] PETERS, J.

The plaintiffs in this property damage claim, Vincent Charles Bundrick and Cajun Pride, Inc., appeal the trial court's grant of summary judgments in favor of four of the defendants, Four Star Oil and Gas Company, Chevron U.S.A. Inc., Great Southern Oil & Gas Company, Inc., and BP America Production Company, dismissing their claims against these defendants. For the following reasons, we affirm the trial court judgment in all respects.

DISCUSSION OF THE RECORD

The facts are not in dispute. Mr. Bundrick and Cajun Pride, Inc. (hereinafter collectively referred to as " the plaintiffs" ) own interests in seven tracts of immovable property located in St. Martin Parish, Louisiana. All seven tracts at issue have been the subject of oil and gas production in the past and are located in what is referred to as the Anse le Butte Field. On March 9, 2006, Mr. Bundrick and Cajun Pride filed a suit for damages against twelve named defendants,[1] asserting that past oil and gas

Page 1139

activities conducted by the twelve defendants, or their predecessors in interest, under defunct oil, gas, and mineral leases caused the contamination of the seven tracts of immovable property. They further asserted that the twelve defendants were negligent and strictly liable for the damage caused and that their conduct created a continuing and damaging nuisance and a continuing trespass on their property. The plaintiffs further asserted that the contamination constituted a breach of the lessees' obligation under the Louisiana Mineral Code, to act prudently and to restore the leased property, as close as [14-993 La.App. 3 Cir. 2] practicable, to its original condition at the earliest reasonable time, in addition to their contractual obligations to restore the property to its original condition. Although the plaintiffs asserted that any amount ...


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