Landowners cite breach of contract against CLS Group over mineral leases

By Robert Hadley | Feb 10, 2016

WHEELING — A West Virginia real estate firm and other property owners are suing CLS Group and several other defendants in a dispute involving mineral rights.


WHEELING — A West Virginia real estate firm and other property owners are suing CLS Group and several other defendants in a dispute involving mineral rights.

GW Rentals LLC, Windmill Truckers Inc., Lee J. Glessner, Gary W. Glessner, Dawnisa Tubaugh, Glessner Real Estate Properties LLC, Kathy A. Elliott and Robert B. Elliott filed a lawsuit Feb. 1 in Ohio Circuit Court against CLS Group, Capital Land Services Inc., Southwestern Energy Co., Southwestern Energy, Southwestern Energy Production Co., and Statoil U.S. Onshore Properties Inc.

According to the complaint, in August 2008 CLS contacted the plaintiffs to acquire leases for the Marcellus Shale mineral interests, promising a lower up-front price than competing offers but with the stipulation the lease could be renegotiated upon its expiration in five years. However, the plaintiffs claim that once the leases expired in 2013, the defendants continued to use the property without paying any consideration to the owners.

The plaintiffs seek a jury trial and recovery of lost royalties, punitive and compensatory damages, litigation costs, and eviction of the defendants from the property. They are represented by attorney Mark A. Kepple of Bailey & Wyant PLLC in Wheeling.

Judge David J. Sims is assigned to the case.

Ohio Circuit Court case number 5:14-CV-154

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Bailey & Wyant PLLC Ohio Circuit Court

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