Tdc Engineering v. Gene Dunlap

The landowner, Gene Dunlap, sued the operator of an oil and gas lease, TDC Engineering, Inc., for "an unnecessary use" of the surface estate (injecting salt water in an unproductive oil well on land owned by Dunlap). Following a trial by jury, judgment was rendered that Dunlap recover $57,150 for diminution of the market value of his 1143.5-acre tract of land; $12,000 for occupancy of the 40-acre tract upon which the salt water injection well was located; and $60,000 as exemplary damages. TDC Engineering, Inc. appeals. We reverse and render.