MILFORD DRAKE CHARLES POWELL AND KEVIN POWELL PLAINTIFFS APPELLANTS v. DALE FOX FOX FOX AND FAULT LINE OIL CORPORATION DEFENDANTS RESPONDENTS (2010)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum:  Plaintiffs commenced this action seeking, inter alia, damages for physical and environmental damage to their properties allegedly resulting from defendants' oil and gas exploration and production activities conducted pursuant to a series of oil and gas leases.   Supreme Court properly dismissed the complaint following a nonjury trial.  “[A] mineral estate in a tract of land carries with it the right to such access over the surface that may be reasonably necessary to carry on mining activities” (Allen v. Gouverneur Talc Co., 247 A.D.2d 691, 692;  see Frank v. Fortuna Energy, Inc., 49 AD3d 1294).   Here, plaintiffs failed to establish that defendants acted unreasonably in their installation or use of access roads to extract oil and gas or that plaintiffs are otherwise entitled to recover damages pursuant to the terms of the leases for restoration of their property prior to the completion of oil and gas production.   We have considered plaintiffs' remaining contentions and conclude that they are lacking in merit.

Patricia L. Morgan

Clerk of the Court