West Virginia Supreme Court Upsets Defense Judgment In Natural Gas Extraction Suit

West Virginia Supreme Court Upsets Defense Judgment In Natural Gas Extraction Suit

CHARLESTON, W.Va. - A divided West Virginia Supreme Court of Appeals ruled Sept. 26 that summary judgment for the owner of a mineral estate accused of breach of contract was in error; the dissenting justices argued that the natural gas company has a common-law right to use the surface estate to exploit the subsurface estate (Arthur Thornsbury, et uxor v. Cabot Oil & Gas Corp., No. 12-152, W.Va. Sup.; 2013 W.Va. LEXIS 958).

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