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COLLINGWOOD APPALACHIAN v. ERLEWINE

Nos. 22-0139 and 22-0140.

889 S.E.2d 697 (2023)

COLLINGWOOD APPALACHIAN MINERALS III, LLC, Oxy USA, Inc., Collingwood Appalachian Minerals I, LLC, and Waco Oil & Gas Co., Inc., Defendants Below, Petitioners v. Richard L. ERLEWINE, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 15, 2023.

Attorney(s) appearing for the Case

Michael C. Cardi, Esq. , Jordan C. Maddy, Esq. , Bowles Rice LLP, Morgantown, West Virginia, Counsel for Petitioners Collingwood Appalachian Minerals I, LLC and Collingwood Appalachian III, LLC.

W. Taylor Frankovitch, Esq. , Bowles Rice LLP, Canonsburg, Pennsylvania, Counsel for Petitioner Oxy USA, Inc.

Richard W. Gallagher, Esq. , Stephen F. Gandee, Esq. , Robinson & McElwee PLLC, Charleston, West Virginia, Counsel for Petitioner Waco Oil & Gas Co., Inc.

Andrew R. Cutright, Esq. , Roger L. Cutright, Esq. , Cutright Law PLLC, Morgantown, West Virginia, Counsel for Respondent.

Petitioners and Respondent each participated in a tax sale in 1989 after a delinquent taxpayer failed to pay taxes on 135 acres of property1 and twenty-five percent of its subjacent oil and gas estate.2 Respondent bought the 135-acre property, and, on the same day,...

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