September 26th, 2013
Petitioners and surface estate owners, Arthur and Virginia Thornsbury, appeal the Circuit Court of McDowell County's "Order Granting the Motion of Summary Judgment of Cabot Oil and Gas Corporation" entered on January 4, 2012, regarding respondent Cabot Oil and Gas Corporation's ("Cabot's") use of petitioners' surface estate. Cabot, who was the mineral rights owners' lessee, entered into a contract with the surface owners and then breached it. However, Cabot claims that, due to an exculpatory clause in the 1941 deed that severed the surface and mineral estates, it is not liable to petitioners for breaching the contract or for damaging their surface estate.
