Wyoming Supreme Again Upholds Surface Use Agreement Provisions as Personal and Not Servitudes Running with the Land In Pennaco Energy, Inc. v. Sorenson, 2016 WY 34, aff'g sub nom. Sorenson v. High Plains Gas, Inc., No. CV2013-270,2015 WL 7356016 (Wyo. Dist. Ct. June 2, 2015), the Wyoming Supreme Court reviewed a case similar to its recently decided Pennaco Energy, Inc. v. KD Co., 2015 WY 152,363 P.3d 18. See Vol. XXXIII, No. 1 (2016) of this Newsletter. Brett Sorenson had entered into surface use and damage agreements with Pennaco Energy, Inc. (Pennaco) covering lands in which Sorenson owned the surface and some of the subsurface mineral interest.
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