Schroeder v. Terra Energy, Ltd.

Plaintiffs appeal as of right from an order granting summary disposition in favor of defendant pursuant to MCR 2.116(C)(8) and awarding defendant costs as sanctions against plaintiffs. We affirm in part, reverse in part, and remand.

Plaintiffs own natural gas rights associated with real property located in Charlton Township, Otsego County. Plaintiffs and defendant entered into an oil and gas lease agreement and a “letter” agreement on May 29, 1991. On July 11, 1991, plaintiffs and defendant entered into a surface use agreement. Together the three agreements (hereafter agreement) allowed…