2021-C-00704 Precedential And and. Processed

Morgan City Land And Fur Company, L.L.C. v. Tennessee Gas Pipeline Co., L.L.C., Et Al.

Louisiana Supreme Court · Filed October 12, 2021

Opinion text

Supreme Court of Louisiana
October 12, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MORGAN CITY LAND AND FUR COMPANY,
L.L.C.
VS.
TENNESSEE GAS PIPELINE CO., L.L.C., ET
AL.
No. 2021-C-00704
_ _ _ _ _ _
IN RE: T
ennessee Gas Pipeline Company, L.L.C. - Applicant Defendant; Southern
Natural Gas Company, L.L.C. - Applicant Defendant; High Point Gas Gathering,
L.L.C. - Applicant Defendant; High Point Gas Transmission, L.L.C. - Applicant
Defendant; Cayenne Pipeline, L.L.C. - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of Plaquemines, 25th Judicial District Court Number(s) 64- 754,
Court of Appeal, Fourth Circuit, Number(s) 2020-CA-0676 C/W 2020-C-0575;
_ _ _ _ _ _
October 12, 2021
Writ application granted in part. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
10/12/2021 "See News Release 041 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-C-00704
MORGAN CITY LAND AND FUR COMPANY, L.L.C.
VS.
TENNESSEE GAS PIPELINE CO., L.L.C., ET AL.
C/W
MORGAN CITY LAND AND FUR COMPANY, L.L.C.
VS.
TENNESSEE GAS PIPELINE CO., L.L.C., ET AL.
On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Plaquemines
PER CURIAM
Writ granted in part. Having correctly found factual questions precluded summary
judgment, the court of appeal erred in passing on the existence of a duty, an issue
which is closely intertwined with the facts. Accordingly, the judgment of the court
of appeal is affirmed insofar as it reverses the district court’s grant of partial
summary judgment, but the portion of the opinion discussing the existence of an
implied duty is vacated and set aside. In all other respects, the writ is denied. The
case is remanded to the district court for further proceedings.
10/12/21