Wilcox v. Natural Gas Storage Co.

Plaintiffs filed a declaratory judgment action to reform identical subterranean gas storage easements granted by them to the defendant. An answer, together with a motion for summary judgment supported by affidavits, was filed by defendant. The trial court denied a motion to strike the affidavits, granted a summary judgment and dismissed the complaint. This appeal followed.

The easements were obtained in 1952 for the purpose of developing underground gas storage in a geological structure or dome underlying plaintiffs’ land at Herscher, in Kankakee County. The initial project was the development…