OH Supreme Court Reverses “Drilled Too Deep” Decision TERA v Rice

Back in the summer of 2020, MDN told you about a lawsuit brought by an Ohio rights owner called TERA, an organization that owns the royalty rights for a number of leases with wells in Belmont County, OH, drilled by different producers, suing the producers for drilling into the Point Pleasant shale layer when the lease only mentions the Utica layer (see OH Landowners Sue Rice, Ascent, XTO, Gulfport for Drilling Too Deep). We have an important update on that lawsuit which potentially affects all Ohio landowners and drillers. Yesterday, the Ohio Supreme Court issued a ruling that overturns a Seventh District Court of Appeals decision upholding a lower court's ruling in favor of the rights owner. The Ohio Supremes reversed the judgment of the Seventh District and remanded the case back to the trial court for further proceedings.

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