Poulos v. LBR Holdings, LLC

At dispute in this case was ownership of coalbed methane (CBM) under a 1938 deed. Respondent filed a complaint against Petitioners seeking a declaration of ownership of all CBM on the property conveyed in the deed and an accounting of royalties from Petitioners. Petitioners filed counterclaims and cross claims also seeking a declaration of ownership and an accounting of royalties. The dispositive issue for determination at trial was whether CBM was considered “gas” for purposes of Petitioners’ “oil and gas” reservation in the deed. The circuit court granted judgment in favor of Respondent, concluding that, based on the totality of the circumstances, the predecessors of Petitioners did not intend the reservation in the 1938 deed to include an interest in the CBM. The Supreme Court affirmed, holding that the reservation in the 1938 deed did not include CBM due to the general opinion at the time that CBM was a hazard and a nuisance. View "Poulos v. LBR Holdings, LLC" on Justia Law