Legal Opinion

Patrick D. and Katherine F. Leggett v. EQT Production Co.

West Virginia Supreme Court

Decided November 17, 2016No. 16-0136Separate

1Opinion of the Court

FILED November 17, 2016 released at 3:00 p.m. No. 16-0136 – Leggett et al. v. EQT Production Co. et al. RORY L. PERRY, II CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA LOUGHRY, Justice, dissenting, joined by KETCHUM, Chief Justice: In deciding that this Court’s decision in Tawney1 controls the outcome of the instant case–one which presents a question of pure statutory interpretation rather than the lease-driven issue resolved in Tawney–the majority has wrongly relied on precedent that is inapposite and clearly not controlling. In its haste to fill the four square corners of Tawney with this…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc.West Virginia Supreme Court · 1995
  3. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
  4. Cotiga Development Co. v. United Fuel Gas Co.West Virginia Supreme Court · 1962
  5. Estate of Tawney Ex Rel. Goff v. Columbia Natural Resources, L.L.C.West Virginia Supreme Court · 2006

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