Pennaco Energy, Inc. v. Brett L. Sorenson, Trustee of the Brett L. Sorenson Trust Dated November 2, 2011

DAVIS, Justice,

[11] This case arises from Pennaco Energy Inc.'s refusal to perform obligations under a surface damage and use agreement. The story began some years back when Pen-naco acquired mineral leases beneath a sur- . face estate owned by Brett Sorenson, Trus tee of the Brett L. Sorenson Trust. The parties negotiated a contract concerning damage to and use of the surface estate. It granted Pennaco access to and use of the land during exploration for and production of minerals it had leased. In return, Pennaco agreed to pay for damage to and use of the surface estate, and to reclaim the…