ICG Natural Resources, LLC v. BPI Energy, Inc.

PRESIDING JUSTICE GOLDENHERSH

delivered the opinion of the court:

Plaintiff, ICG Natural Resources, LLC, filed a declaratory judgment action in the circuit court of Perry County against defendants, BPI Energy, Inc., formerly known as BPI Industries, Inc. (BPI); Addington Exploration, LLC (Addington); and Nytis Exploration Company, LLC (Nytis). The plaintiff asked that two coal-bed-methane leases executed by its predecessor in title be declared void. Cross-motions for a summary judgment were filed by the parties. Ultimately, the trial court granted a summary judgment in favor of defendants,…