Justia Energy, Oil & Gas Law Opinion SummariesArticles Posted in Trusts & Estates
Farrell v. Vermont Electric Power Co.
Plaintiff David Farrell, Trustee of the David Farrell Trust, appealed the grant of summary judgment for defendants Vermont Electric Power Company and Vermont Transco (together, VELCO), the holders of an easement for the construction and operation of electrical transmission lines on plaintiff's property. Plaintiff claimed that VELCO's easement was limited to the installation and operation of transmission lines necessary for the "Queen City Tap Project." He argued that VELCO exceeded the scope of its easement by installing a second transmission line on plaintiff's property in connection with an unrelated transmission-line project. The trial court held that the easement's express terms authorized VELCO to install transmission lines unrelated to the Queen City Tap Project, and that any increased impact on plaintiff's property caused by the new line did not amount to overburdening. "VELCO's easement, by its express terms, authorized its installation of the NRP line on the Property. Such use is also consistent with the easement's purpose - the transmission of electricity - and does not impose an additional burden on the Property requiring further compensation." Accordingly, the trial court's grant of summary judgment for VELCO was affirmed. View "Farrell v. Vermont Electric Power Co." on Justia Law
Brigham Oil v. Lario Oil
Brigham Oil and Gas, L.P. ("Brigham"), appealed a partial judgment that dismissed its action against Lario Oil & Gas Company ("Lario") and Murex Petroleum Corporation ("Murex") which sought oil and gas production payments based on a claimed leasehold interest in certain mineral acres in Mountrail County. The Triple T, Inc. ("Triple"), and Christine Thompson, as sole trustee of the Navarro 2009 Living Trust Agreement, appealed an order denying their motions to intervene and to vacate the judgment. The land that contained the oil and mineral rights at issue in this case were probated in 2008 and became a part of the Navarro Trust. Late that year, the Trust executed an agreement which purported to resolve an issue over ownership of the mineral rights. In 2009, Brigham commenced this action against Lario and Murex alleging that it was entitled to a percentage of the production from the oil and mineral interests from the 2008 agreement. Brigham argued the district court erred in determining that Lario had the controlling interest in the 2008 agreement and that Brigham had no interest in the oil and gas leasehold estate in the subject property. Upon review of the lengthy trial record and the applicable legal authority, the Supreme Court affirmed the district court's judgment and order. View "Brigham Oil v. Lario Oil" on Justia Law