In EOG Resources, Inc. v. Lucky Land Mgmt., LLC,1 the United States Court of Appeals for the Sixth Circuit granted a stay of the trial court's preliminary injunction that would have allowed the producer to construct a well pad on the appellant's property. The underlying issue was whether the producer has the right to use the surface of appellant's property to develop the minerals underlying adjoining properties. The court of appeals found that the appellant had shown a likelihood of success on appeal given the "wealth of persuasive authority addressing that very issue [to the contrary]."
For additional background regarding the underlying issue in this appeal, read our previous post discussing the trial court's decision here.
Footnote
1. 2024 U.S. App. LEXIS 15576.
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