HAMLIN -- Chesapeake Energy wants a preliminary and permanent injunction barring a Rich Creek, Va., couple from interfering with pipeline maintenance.
John E. and Angela L. Lovely own property along Big Creek in Carroll District of Lincoln County where, according to Chesapeake, a right-of-way agreement with Huntington Development & Gas Co. was made in January 1919. And, says the complaint, "Chesapeake is the successor-in-interest ... with respect to that certain Right-of-Way ..."
"Defendants acquired their surface interest in May 2010 ... subject to all prior reservations, easements, and limitations in all other prior deeds and instruments," Chesapeake says. The subject pipeline, because of age, requires replacement of some 1,800 feet, most it crossing Livelys' property.
The complaint details dates of 2011 contacts with defendants to explain the project. When the Lovelys questioned the location of the pipeline, Chesapeake says it flagged the project area and provided photographs.
The defendants expressed a desire that the pipeline be relocated, according to Chesapeake, and were informed if could be done at property owners' expense if a new right-of-way was granted. Company was denied access to the pipeline last July.
Matthew S. Casto is the company's attorney, and the case has been assigned to Judged Jay M. Hoke.
Lincoln Circuit Court case number: 11-C-107