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BRYAN v. BIG TWO MILE GAS CO.

No. 29641.

577 S.E.2d 258 (2001)

213 W.Va. 110

Isabel J. BRYAN, Plaintiff below, Appellant, v. BIG TWO MILE GAS COMPANY, a West Virginia corporation, Defendant below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 11, 2001.

Dissenting Opinion of Justice Starcher January 8, 2002.

Attorney(s) appearing for the Case

Ancil G. Ramey, Esq., Steptoe & Johnson, Charleston, for Appellant.

John F. McCuskey, Esq., Christopher J. Sears, Esq., Shuman, McCuskey & Slicer, PLLC, Charleston, for Amici, Independent Oil & Gas Association of West Virginia; R. Thomas Hansen, President, Sigma Corporation; Denny Harton, President, Gassearch Corp.; Richard E. Heffelfinger, Vice President, Rubin Resources, Inc.; Lloyd G. Jackson, President, Lloyd Jackson Well Service, Inc.; Stanley N. Masoner, President, Petroleum Resources, Inc.; C.E. Richner, CEO, C.E. Richner; John J. White, President, R.H. Adkins Companies; and R. Dennis Xander, President, Denex Petroleum Corporation.

J. Thomas Lane, Esq., Michael J. Halaiko, Esq., Kenneth E. Webb, Jr., Esq., Bowles, Rice, McDavid, Graff & Love, Charleston, for Appellee.

STARCHER, J.

In the instant case we rule that an oil and gas company whose lease terminated due to an unexcused cessation of production must pay to the property owner the value of the gas that was produced after the lease termination, less a portion of the reasonable costs of production.

I.

Facts & Background

The appellant is Isabel J. Bryan ("Mrs. Bryan"); the appellee is Big Two...

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