Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
VINTON HARBOR & TERMINAL DISTRICT v. REUNION ENERGY COMPANY, ET AL.
For the reasons assigned in our writ opinion issued this day in Vinton Harbor and Terminal District v. Reunion Energy Co., 25-63 (La.App. 3 Cir. 7/2/25), __ So.3d __, the judgment of the trial court dismissing the peremptory exception of no right of action filed by Texas Pacific Oil Company, Inc. (Texas Pacific) is affirmed in part, reversed in part, and rendered.
Louisiana law grants a subsequent owner of property, who has acquired a prior owner's personal rights under a mineral lease via a stipulation pour autrui, a cause of action for pre-acquisition damage to property. As Vinton Harbor and Terminal District (Vinton Harbor) was a subsequent purchaser and is not a third-party beneficiary under Lease 303644, we find that it does not belong to that class of persons to whom the law grants this cause of action. Accordingly, we find that the trial court legally erred by not granting Texas Pacific's exception of no right of action on this issue. Thus, judgment is rendered in Texas Pacific's favor, granting the exception of no right of action as to Vinton Harbor's claim for pre-acquisition damage to property. As the objection to this exception cannot be removed by amendment of the petition, Vinton Harbor's claims on this issue are dismissed with prejudice. La.Code Civ.P. art. 934.
Pursuant to La.Civ.Code art. 2315, a property owner has a personal right of action against a tortfeasor, whether based in negligence or strict liability, for property damage inflicted during its ownership, including against a tortfeasor who holds coexisting rights in the property. Vinton Harbor owned and held coexisting rights in tract 4 with Texas Pacific's predecessor-in-interest, Seagram, for eighty-seven days between July 23, 1968 and October 18, 1968. Thus, we find that Vinton Harbor belongs to that class of persons to whom the law grants a cause of action under La.Civ.Code art. 2315. Accordingly, we find no legal error in the trial court's denial of Texas Pacific's exception of no right of action on this issue.
DECREE
The judgment of the trial court is reversed in part and judgment is rendered in part, granting Texas Pacific Oil Company, Inc.’s peremptory exception of no right of action and dismissing Vinton Harbor and Terminal District's claims for preacquisition property damage with prejudice.1 The judgment of the trial court is affirmed in part insofar as it denies Texas Pacific Oil Company, Inc.’s peremptory exception of no right of action on the issue of Vinton Harbor and Terminal District's personal claim for property damage pursuant to La.Civ.Code art. 2315.
WRIT GRANTED AND MADE PEREMPTORY; AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
FOOTNOTES
1. While a line of cases hold that “[w]here the plaintiff pleads multiple theories of recovery based on a single occurrence or set of operative facts, the partial grant of an exception of no right of action, which attacks only one theory of recovery and which does not dismiss a party, would be invalid as an impermissible partial judgment[,]” we note that La.Civ.Code art. 1915(B)(1) was amended by 1997 La. Acts No. 483, § 2, to allow a judgment sustaining an exception in part “as to one or more but less than all claims, demands, issues, or theories against a party[.]” State, by and through Caldwell v. Astra Zeneca AP, 16-1073, p. 6 (La.App. 1 Cir. 4/11/18), 249 So.3d 38, 43 (en banc), writs denied, 18-766, 18-758, (La. 9/21/18), 252 So.3d 899, 904.
VAN H. KYZAR JUDGE
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: 25-64
Decided: July 02, 2025
Court: Court of Appeal of Louisiana, Third Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)