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Penn State
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Pennsylvania Court of Common Pleas

2011

  • Frost v. NCL Appalachian Partners, L.P., No. 2009-2923, 1585 MDA 2011 (Centre Co. Ct. Com. Pl. Jul. 20, 2011) (Reversed/Remanded 8/17/2012 06/06/2012) (holding that there was no breach of the oil and gas lease because the law does not require a specific minimum production amount in order to extend the secondary term of an oil and gas lease if Defendant continues to produce gas from Plaintiff’s property).
  • Harteis v. Cronauer, 2011 WL 1750198 (Cambria Co. Ct. Com. Pl. Apr. 11, 2011) (holding that purchasing the surface rights and oil and gas rights separately, each with their own chain of title, did not result in a merger of those separate interests into a single interest because merger of estates doctrine applies only to different estates in land and not to the divisions between surface rights and oil and gas rights).
     

2010

  • Coffin v. Medina Revenue Co., LLC, 2010 WL 2307392 (Crawford Co. Ct. Com. Pl. Mar. 15, 2010) (landowner argued that right of way agreement was conditioned upon existence of productive well).
  • Mifflin Energy Corp. v. Atlas Am., LLC, 2010 Pa. Dist. & Cnty. Dec. LEXIS 365 (Allegheny Co. Ct. Com. Pl. Oct. 14, 2010) (denying Plaintiff's motion for a preliminary injunction because Plaintiff did not prove immediate and irreparable harm and that no remedy was appropriate).

2009

  • Catalano v. Dominion, 2009 Pa. Dist. & Cnty. Dec. LEXIS 262 (Westmoreland Co. Ct. Com. Pl. Apr. 6, 2009) (landowner asserted theory of partial abandonment of prior oil and gas lease in attempt to reunite split estate).

Selected Cases Prior to 2009

  • Fox v. Wainoco Oil & Gas Co., 46 Pa. D. & C.3d 439 (Crawford County Ct. Com. Pl. 1986) (drilling of a well on any tract in a unit satisfies the habendum clause of each tract in the unit and continues the lease so long as oil and gas are produced).
  • Mitchell Energy Corp. v. Stagl, 27 Pa. D. & C.3d 132 (Crawford County Ct. Com. Pl. 1983) (“A producing gas well continues as a producing gas well as long as it is properly connected and capable of producing gas whether or not gas is actually flowing out of the well to the purchaser”).