McCRABB v. CHESAPEAKE ENERGY CORPORATION

OPINION

ADAMS, Presiding Judge.

¶ 1 Hugh McCrabb and his mother, Leona McCrabb (collectively, Landowners) appeal a trial court order sustaining a summary adjudication motion filed by Chesapeake Energy Corporation and Chesapeake Operating, Inc. (collectively, Chesapeake) and granting them judgment in Landowners’ action alleging Chesapeake violated the Oklahoma Surface Damages Act, 52 O.S.2001 318.2-318.9 (the Act). We affirm the order as to Leona McCrabb. However, we conclude the trial court erred as matter of law by ruling that Chesapeake was not required to either have a surface damage…