September 29, 2023


Advocacy. Mediation. Success.

Lyle v. Midway Solar – Solar Farm Meets Accommodation Doctrine

Plaintiffs Kenneth Lyle and Linda Morrison have appealed the dismissal of their match in opposition to Midway Solar to the El Paso Court docket of Appeals, No. 08-19-00216-CV. Lyle and Morrison very own the minerals less than 315 acres in Pecos County. Midway Solar has created a photo voltaic farm on 215 of all those acres.

TexasBarToday_TopTen_Badge_SmallUsually, a photo voltaic developer will obtain area-use waivers from mineral proprietors just before developing a facility. Midway did not do that. As an alternative, it established aside parts of the 315 acres, on the north and south ends of the assets, to allow for growth of the minerals by directional drilling.

Lyle and Morrison contend their minerals are not prone to growth by directional or horizontal drilling, due to the fact of the subsurface geology. They say 70% of their tract simply cannot be made for minerals.  Their minerals are not now leased and there are no strategies to drill wells. There has been generation from wells in the vicinity.