JOHN ADEMA RODI ADEMA PATRICK ADEMA BETH ADEMA CURY PATRICIA TALLEY FEATHERSTONE LAUREN TALLEY MILLS AND DENNIS TALLEY v. SOUTHERN NATURAL GAS COMPANY HIGH POINT GASTRANSMISSION LLC AND HIGH POINT GAS GATHERING (2024)

I find the court of appeal erred in reversing the trial court judgment. The trial court granted the defendants’ motion for partial summary judgment based on the parties’ stipulation that the defendants are not strictly liable for all canal widening under the terms of the Right of Way contracts. I would grant the writ application, reverse the court of appeal, and reinstate the trial court judgment holding defendants are not strictly liable for all canal widening and can only be liable for damages caused by improper or unauthorized activity.

McCallum, J., would grant and assigns reasons.