Client Alert: Texas Supreme Court Clarifies Nuisance Doctrine in Crosstex v. Gardiner

In the recent case of Crosstex North Texas Pipeline, L.P. v. Gardiner, the Texas Supreme Court clarified the law regarding the legal doctrine of “nuisance.”  The Court held that “the term ‘nuisance’ refers not to a defendant’s conduct or to legal claim or cause of action but to a type of legal injury involving interference with the use and enjoyment of real property.”  Further, the Court held that defendants can be liable for nuisance if their conduct is intentional or negligent, or by engaging in dangerous or ultra-hazardous activities.  The opinion is available here.