WHEELING — Marshall County property owners are suing an energy exploration company, alleging breach of contract, trespass and private nuisance.

Daniel M. Lucey and Colleen S. Lucey of Cameron, West Virgnia, filed a complaint May 17 in U.S. District Court for the Northern District of West Virginia against SWN Production Company LLC,  alleging breach of good faith and fair dealing.

According to the complaint, on Oct. 29, 2012, the Luceys entered into a settlement agreement and release and a ratification of a oil and gas lease, which stipulates that SWN Production agreed to pay the plaintiffs, as its releasors, an additional $500/acre or total of $101,695 if there is not a commencement of two wells within one year of the date of agreement. 

At the termination date of the lease on Aug 21, 2016, there were no wells producing oil, gas and/or methane gas and no operations by the defendant were done to search or drill additional well subsequent to the plugging of a dry hole, the suit says. 

The plaintiffs allege SWN Production failed to pay the plaintiffs $101,695 pursuant to the settlement, violated the exclusive possession by the plaintiffs of the oil and gas strata, and acted with reckless disregard of the plaintiffs' property rights.

The Luceys seek trial by jury, judgment for breach of contract in the amount of $101,695, plus interest, attorney fees, court costs, punitive damages and declaratory relief. They are represented by attorney David C. Hook of Hook & Hook in Waynesburg, Pennsylvania.

U.S. District Court for the Northern District of West Virginia case number 17-cv-66

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U.S. District Court for the Northern District of West Virginia Wheeling Division




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