Gas pipeline company sued for trespass by Elkhart woman

TYLER - An Elkhart woman filed a lawsuit claiming a gas pipeline company is trespassing on her property when attempting to reach its gas pipeline easement. 

Mildred Brown filed suit against Gulf South Pipeline Co. on Sept. 11 in Anderson County District Court. The defendant removed the case to the Eastern District of Texas, Tyler Division on Oct. 12.

Brown is the owner of estate in the Lake Road Addition in the city of Elkhart.  In October 2010, the defendant demanded that Brown move a building located on her property because it encroached on the company's gas pipeline easement running across her property.

Brown states she was unaware of the pipeline as there were no visible markers or signs of a pipeline being present. According to the lawsuit, Gulf South Pipeline came upon Brown’s property to clean brush and trees from the easement and only then did markers become visible.

The defendant is accused of trespassing on plaintiff’s property by the continued use, maintenance and operation of a pipeline.

The plaintiff is asking the court for an injunction against defendant’s trespass and for an award of damages for the loss of use of her property, loss of market value of her property, and loss of profits from a business that was conducted on the property, interest and court costs.

Brown is represented by Terry Thorn of Law Office of Terry M. Thorn of Palestine.

Case No. 6:12-cv-00768