United States Tenth Circuit

In a dispute over access to a gas well and adjacent land, summary judgment in favor of defendant is affirmed for access to the surface of plaintiff's ranch; however, regarding defendant's use of plaintiff's land that was acquired from a third party, summary judgment in favor of defendant was reversed.

Appellate Information

• Decided 07/27/2004
• Published 07/27/2004

Judges

• HENRY, Circuit Judge., Before HENRY, PORFILIO, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Victor R. Marshall, Victor R. Marshall & Associates, Albuquerque, NM, for Plaintiffs-Appellants., Lee E. Peters, Hubert & Hernandez, P.A., Las Cruces, NM, for amicus curiae New Mexico Farm & Livestock Bureau.


• For Appellees:
  
• Tanya M. Trujillo (Bradford C. Berge with her on the briefs), Holland & Hart, LLP, Santa Fe, NM, for Defendant-Appellee.