SCHWATKEN v. EXPLORER RESOURCES, INC.

No. 94,195.

34 Kan.App. 2d 873 (2006)

WILBUR A. SCHWATKEN, TRUSTEE OF THE WILBUR A. SCHWATKEN REVOCABLE TRUST, and VEVA D. SCHWATKEN, TRUSTEE OF THE VEVA D. SCHWATKEN REVOCABLE TRUST, Appellants/Cross-appellees, v. EXPLORER RESOURCES, INC., DEVON SPS OPERATION, INC., DEVON ENERGY PRODUCTION COMPANY, L.P., and QUEST CHEROKEE, L.L.C., Appellees/ Cross-appellants.

Court of Appeals of Kansas.

Opinion filed January 13, 2006.


Attorney(s) appearing for the Case

W.J. Fitzpatrick, of Independence, for appellants/cross-appellees.

David E. Bengtson, of Stinson Morrison Hecker, LLP, of Wichita, and John R. Horst, of John R. Horst, P.A., of Caney, for appellee/cross-appellant Quest Cherokee, LLC.

Before McANANY, P.J., GREEN and MARQUARDT, JJ.


McANANY, J.:

This case calls upon us to construe the terms and provisions of an oil and gas lease. The district court found in favor of the lessee. Upon review, we concur with and affirm the summary judgment entered by the district court.

On July 18, 2001, Wilbur and Veva Schwatken leased 2,366 acres of land to Explorer Resources, Inc., for oil and gas exploration and production. The lease was for an initial term of 3 years. Explorer assigned the lease to...

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