Rancher Can Proceed on Tort Claims Against Pipeline Company

- by Roger McEowen

A rancher sued a gas pipeline operator for damages arising from an alleged pipeline leak.  The ranch owner’s claims involve trespass, nuisance, and unjust enrichment.  The trial court granted summary judgment for the pipeline company.  On appeal, the court reversed.  The appellate court ruled that the trial court erred in concluding that the rancher’s federal claims were precluded by the doctrines of claim and issue preclusion, and that the rancher’s claims were not barred by Oklahoma's compulsory counterclaim statute.  Valley View Angus Ranch, Inc. v. Duke Energy Field Services., Inc.,  No. 06-6025, 2007 U.S. App. LEXIS 18772 (10th Cir. Aug. 8, 2007).