Summary
In Hopewell, the purchasers of a tract of land sued the former owners of the land and the oil company which had conducted oil and gas operations on the land, alleging that the oil and gas company's activities had caused contamination.
Summary of this case from Broussard v. Dow Chem. Co.Opinion
No. 2000-CC-3280
February 9, 2001. Rehearing Denied March 30, 2001.
IN RE: Hopewell Inc.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Red River, 39th Judicial District Court Div. O, Nos. 30,820; to the Court of Appeal, Second Circuit, No. 33,774-CW
Granted. Judgment of the Court of Appeal is reversed. Judgment of the trial court denying defendant's exception of no right of action is reinstated. Prados v. South Central Bell Telephone Company, 329 So.2d 744 (La. 1976) (on rehearing), which the Court of Appeal relied upon, involves rights arising under a lease and is distinguishable from the instant facts. Case remanded to the trial court for further proceedings.
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CALOGERO, C.J., would grant and docket.
VICTORY, J., would deny the writ.
TRAYLOR, J., would deny the writ.