Woman says gas company breached 27-year-old contract

By April Bamburg | Aug 13, 2014

CLAY – A Clay County property owner says an oil and gas company has breached a longstanding contract to provide natural gas to her property in exchange for a monetary sum and a right of way agreement granted in 1987.

Brenda McCune filed a lawsuit July 14 in Clay Circuit Court against Cunningham Energy.

According to the complaint, McCune entered into a right-of-way agreement with Cunningham Energy on May 26, 1987. In consideration of the access, Cunningham Energy paid $200 and agreed to give McCune natural gas at the selling rate, the complaint says.

The plaintiff received natural gas until January 2014, when Cunningham Energy refused to continue supplying natural gas as agreed upon in the May 1987 contract. This has caused McCune to suffer severe distress and damages.

McCune seeks a judgment in an amount exceeding the jurisdictional minimum, as well as pre- and post-judgment interest and court costs.

She is being represented by Clinton W. Smith of Charleston.

Clay Circuit Court case number 14-C-29

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