Phillips Energy Partners, LLC v. Milton Crow Ltd. Partnership

Supreme Court of Louisiana
Phillips Energy Partners, LLC v. Milton Crow Ltd. Partnership, 186 So. 3d 1148 (La. 2015)
2015 La. LEXIS 2142; 2015 WL 6114259
Crichton

Phillips Energy Partners, LLC v. Milton Crow Ltd. Partnership

Opinion of the Court

11 Denied.

CRICHTON, J.,

additionally concurs and assigns reasons.

Concurring Opinion

CRICHTON, J.,

additionally concurs and assigns reasons.

| ]The writ application, which essentially requests that we rewéigh the evidence, presents no meritorious Rule X considerations and it is therefore properly denied. However, having thoroughly reviewed the record, I write separately to note that the lower courts correctly applied the law to the evidence.

The “shortest route” rule under La. C.C. art. 692 is not absolute. Here, there was ample evidentiary support for the trial court’s decision that Route 1, while being the shortest route, posed major environmental and accessibility concerns; that Route 2 presented significant safety and maintenance issues; and that Route 3 was the best and least injurious choice in accordance with the trial court’s well-considered analysis.

Reference

Full Case Name
PHILLIPS ENERGY PARTNERS, LLC v. MILTON CROW LIMITED PARTNERSHIP and Livingstone, LLC
Status
Published