Landowners accuse Capital Land Services, others of breach of mineral lease contracts

By Robert Hadley | Feb 11, 2016

MOUNDSVILLE — A group of West Virginia landowners are suing Capital Land Services over a dispute involving mineral rights.


MOUNDSVILLE — A group of West Virginia landowners are suing Capital Land Services over a dispute involving mineral rights.

Dawnisa Tubaugh, Norma and Clarence Tubaugh, Gary W. Glessner, Kathy A. Elliott, and Robert B. Elliott filed a lawsuit in Marshall 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., alleging breach of contract, conversion and misrepresentation.

According to the complaint, the defendants persuaded the landowners to lease their interest in the Marcellus Shale area to them in 2008 at an up-front price less than that of competing offers, with the promise that they could renegotiate when the lease expired in five years. The suit claims that since the leases have expired in 2013, the defendants continue to occupy the plaintiffs’ land without paying royalties on the extracted natural gas.

The plaintiffs seek a jury trial and damages including eviction of the defendants from the land and recovery of royalties. They are represented by attorney Mark A. Kepple of Bailey & Wyant PLLC in Wheeling.

Judge David W. Hummel Jr. is assigned to the case.

Marshall Circuit Court Case number 16-C-24H

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Bailey & Wyant PLLC Marshall Circuit Court

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