Jackson Walker successfully represented Buc‑ee’s, Ltd. and its related real estate holding company (“Plaintiffs”) in a significant summary judgment ruling in a surface‑use dispute with BPX Operating Company in the 81st Judicial District Court of La Salle County, Texas.
The court granted Plaintiffs’ motion for summary judgment on the interpretation of a deed provision governing mineral access, holding that the language granting the mineral owner ingress and egress “at all times” does not provide the mineral owner unfettered surface access and does not preclude the application of Texas’s accommodation doctrine, which forces oil and gas companies to modify their operations to accommodate a surface owner’s existing use of the property. The court also dismissed all of BPX’s affirmative defenses, including estoppel by deed, ratification, and waiver.
As a result of the ruling, an existing injunction preventing BPX from conducting oil and gas operations on the property during the October-February hunting season will remain in place throughout the appellate process, protecting Buc‑ee’s long‑standing hunting and wildlife management operations. Maintaining the injunction is expected to preserve Plaintiffs’ hunting operations from disruption during the critical season, which total over $3 million in operating costs annually.
The Jackson Walker team was led by Clinton Butler and included Emily Mann, Melissa Ruiz, and Cooper Bradbury. The team worked alongside co‑counsel at Susman Godfrey.
The case is La Salle Co. Outfitters II, LLC, et al. v. BPX Operating Company, Cause No. 24‑07‑00059‑CVL, in the 81st Judicial District Court, La Salle County, Texas.
About Jackson Walker
Founded in 1887, Jackson Walker is the largest firm in Texas with over 500 attorneys across six offices, 30% of whom practice litigation. Our firm has garnered significant accolades, including as an Intimidating Opponent in BTI Consulting Group’s list of the firms “Most Feared in Litigation,” as a top Texas firm in the area of Litigation: General Commercial in the recently released Chambers USA Guide, and among the Best Law Firms® by Best Lawyers with 27 national and 142 metropolitan rankings in the 2026 edition. To explore the firm’s experience, visit the Trial & Appellate Litigation practice page.
