HOLLY CREEK PRODUCTION CORP. v. ROSE

No. 2008-CA-000260-MR.

284 S.W.3d 542 (2009)

HOLLY CREEK PRODUCTION CORPORATION, Appellant, v. Robert Lee ROSE, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 13, 2009.


Attorney(s) appearing for the Case

Stephen G. Allen, Ashley W. Ward, Jennifer E. Drust, Lexington, KY, for appellant.

Brian N. Thomas, Christopher M. Davis, Winchester, KY, Brian N. Thomas, Winchester, KY, for appellee.

Before: CLAYTON, MOORE, and STUMBO, Judges.


OPINION

CLAYTON, Judge.

This appeal is from a decision of the Wolfe Circuit Court terminating a lease between the appellant, Holly Creek Production Corporation ("Holly Creek"), and the appellee, Robert Lee Rose ("Rose").

FACTUAL BACKGROUND

Holly Creek executed an oil and gas Lease Agreement (the "Lease") on June 27, 1967. The Lease provided that it was binding on the successors and assigns of the signatories. In late 1983, Rose purchased...

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