In early April, MDN told you about a case referred to the West Virginia Supreme Court by a federal district court judge. Judge Irene Keeley requested the WV Supreme Court rule in a case over whether or not a driller can build a drill pad on a surface owner’s land for the purpose of getting the gas underneath a neighbor’s property (for background, see District Court Judge Asks WV Supremes to Rule in Surface Rights Case).
We have a new development in the case. Judge Keeley has changed her mind and told the supremes to forget about it–at least for now. She wants the lawyers for both sides in the case to submit more “facts” before she decides on whether she’ll rule or resubmit it to the high court…
