LANDOWNER BALKS CHESAPEAKE OVER LAND ACCESS

(05/03/2008)

Chesapeake Energy, likely the state's largest gas producer, is seeking injunctive relief after the owner of surface rights barred them from his property. Eugene Frye objected to the permit application being issued. On March 30, Frye denied Chesapeake Appalachia access to his surface for building an access road to drill a well. In January 2008, Chesapeake submitted an application with the West Virginia Department of Environmental Protection to drill a well on Frye's property. Frye objected to the permit application, but the West Virginia Department of Environmental Protection issued it anyway. While Frye owns the surface property, Chesapeake Appalachia does own the mineral rights. In the suit filed on April 22, Chesapeake claims that the inability to drill and construct the well has cost it damages in excess of $75,000. Chesapeake believes that without the injunction the company will suffer irreparable harm but that Frye would suffer little. The company is seeking entry of an immediate order requiring Frye to allow Chesapeake and any of its contractors, representatives, or agents to access the surface estate to drill and construct its well and an access road to it. Chesapeake is also seeking recovery from Frye for damages, attorneys' fees, and any other costs incurred.

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