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ESTATE OF TAWNEY v. COLUMBIA NAT. RES.

No. 32966.

633 S.E.2d 22 (2006)

Estate of Garrison G. TAWNEY, by Lela Ann Goff, Executrix, Lela Ann Goff and Vernon B. Goff, Husband and Wife, Janice E. Cooper and Clifford R. Cooper, Husband and Wife, Larry G. Parker, John W. Parker, Richard L. Ashley, Myrtle Jones, by her Attorney-In-Fact, Orton A. Jones, Plaintiffs, v. COLUMBIA NATURAL RESOURCES, L.L.C., FKA Columbia Natural Resources, Inc., a Texas Corporation; Nisource, Inc., a Delaware Corporation; and Columbia Energy Group, a Delaware Corporation, Defendants.

Supreme Court of Appeals of West Virginia.

Decided: June 15, 2006.

Attorney(s) appearing for the Case

Marvin W. Masters, Esq., The Masters Law Firm, L.C., Michael W. Carey, Esq., George M. Scott, Esq., Robert E. Douglas, Esq., Carey, Scott & Douglas, P.L.L.C., Scott S. Segal, Esq., The Segal Law Firm, J. Thomas Lane, Esq., J. Mark Adkins, Esq., Bowles, Rice, McDavid, Graff & Love, Charleston, for Plaintiffs.

Timothy M. Miller, Esq., Joseph S. Beeson, Esq., Jessica A. Blake, Esq., Robinson & McElwee, P.L.L.C., Charleston, for Columbia Natural Resources, L.L.C.

Herschel H. Rose, III, Esq., Steven R. Broadwater, Esq., Rose Law Office, for Amicus Curiae Independent Oil and Gas Association of West Virginia, Inc.

Richard L. Gottlieb, Esq., Lewis, Glasser, Casey & Rollins, P.L.L.C., for Amicus Curiae West Virginia Oil and Natural Gas Association.

MAYNARD, Justice.

In this case, we address two certified questions from the Circuit Court of Roane County which we reformulate1 into the following single question:

In light of the fact that West Virginia recognizes that a lessee to an oil and gas lease must bear all costs incurred in marketing and transporting the product to the point of sale unless the oil and gas lease provides otherwise, is lease language that provides that...

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