Quintain Development LLC v. Columbia Natural Resources, Inc.
West Virginia Supreme Court of Appeals
556 S.E.2d 95 (2001)
- Written by Miller Jozwiak, JD
Facts
Columbia Natural Resources, Inc. (Columbia) (defendant) owned a natural gas pipeline that crossed several tracts of land. Columbia’s predecessor company had obtained easements to place the pipeline in 1914. The easements contained an express reservation that the pipeline could not interfere with the removal of coal from the premises and that the pipeline operator would be responsible for any damages arising from the maintenance, operation, or removal of the pipeline. During 1914, strip mining was not a known technology in the area of the tracts. Long after 1914, Quintain Development, LLC (Quintain) (plaintiff) obtained an interest in the tracts with the intent of strip-mining the properties. Quintain contacted Columbia regarding the prospect of moving the pipeline to allow for the strip mining. Columbia responded that it would move the pipeline if Quintain covered the costs. Quintain then sued Columbia, arguing that Columbia was responsible for moving the pipeline at Columbia’s sole expense. The trial court sided with Quintain, and Columbia appealed.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
Dissent (Maynard, J.)
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