The U.S. 10th Circuit Court of Appeals in Denver is set to hear arguments next month in a lawsuit filed against Enable Midstream Partners, L.P. in which the company’s accused of trespassing on Caddo County land.
The 2015 lawsuit was filed by Marcia Davilla and others in a case involving 137 acres that had originally been an Indian allotment. As the suit pointed out, 38 Indians and the Kiowa Indian Tribe of Oklahoma own undivided interests.
The suit pertains to a .73 acre easement granted in 1980 to Producer’s Gas Company, a company that preceded Enable Midstream. In 2002, Enogex Inc. had gained a right-of-way and the BIA granted it, despite opposition by the landowners. The BIA in 2008 again granted a right-of-way easement to Enogex, then on a challenge, decided in 2010 the decision would be vacated.
Eventually Enable Midstream succeeded Enogex and the energy company won the lawsuit before Oklahoma City federal Judge Vicki Miles-LaGrange. Enable did not dispute that it operated a natural gas pipeline across the property without an easement, but argued successfully there was no trespass because under Oklahoma law, consent forms a complete defense to trespass.
Here is the court listing of those who filed the lawsuit:
MARCIA W. DAVILLA, BENJAMIN BLACKSTAR, THOMAS BLACKSTAR, III, VANNETTE M. BRANHAM, EDMOND L. CARTER, PATRICIA CARTER FILES, HAROLD F. DUPOINT, CARRIE G. DUPOINT, RUDOLPH W. FISHER, JR., CAMERON KEAHBONE, SINDY M. KEAHBONE, GILBERT C. KEAHBONE, MARK B. KEAHBONE, MARI L. KEAHBONE, PERRY K. KEAHBONE, BLAKE E. KEAHBONE, PATRICK KEAHBONE, JR., EDBERT E. KEAHBONE, RENA A. KILLSFIRST, KATINA S. LIPTON, JANICE C. MAMMEDATY, AMANDA M. MCCARTHY, MICHAEL R. MCCARTHY, MAYREDENA M. PALMER, RACHEL M. PALMER, MEGAN L. PALMER, LAUREN SILVERBIRD, ANGELA R. SILVERHORN, HARVEY E. TUCKER, WILLIAM K. WARE, SAMUEL M. WARE, MATTHEW M. WARE, BETTY L. WARE, COREY WARE, PATRICIA WARE, JEAN WARE, WESLEY WARE, III and MELVA J. WERMY
