The Texas Supreme Court has thrown out a three year old case brought by one Karnes County couple.

Related: Eagle Ford Family Wants Their Day in Court

Michal and Myra Cerny from Karnes County fought their legal battle all the way to Texas’ highest court last year. The couple claimed that oil and gas activity on their property had seriously reduced their quality of life by making them sick and damaging the foundation of their home.

On December 2nd, the justices denied the Cerny’s petition to hear the case and upheld the lower court’s ruling that the couple couldn’t prove their issues were tied to oil and gas activity.

The original case was dismissed and their first appeal failed when the courts ruled that family didn’t meet the legal standards for nuisance and negligence claims. Now that the Supreme Court is refusing to review the case, the Cherny’s have no other recourse to gain financial restitution.

Some are concerned that the decision may have a broader impact on pending and future litigation where landowners claim health-related personal injury claims.

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Read more about Cherny v Marathon Oil Corp