Thoroughbred Associates, L.L.C. v. Kansas City Royalty Co., L.L.C.

The opinion of the court was delivered by

BILES, J.:

This is an oil and gas lease dispute regarding: (1) whether tracts of land could be unitized; (2) if so, what minerals were unitized; and (3) alleged drainage of the leased lands. The district court disposed of the first two questions by summary judgment and the drainage claim after a bench trial. Both parties appealed to the Court of Appeals, which affirmed the district court. Thoroughbred Assocs. v. Kansas City Royalty, Co., 45 Kan. App. 2d 312, 248 P.3d 758 (2011). We disagree in part with both lower courts and reverse the summary judgment…