In 1979 the Balls and the Weckbachers separately execute two oil and gas leases to Berresford. Positron is a successor in interest to Positron, although as the court notes the status of the title is confused at best. In 2005, Positron's operating company attempts to install a new meter and pipeline on the leases and under an armed threat are forced to leave. This litigation ensues to determine Positron's continued ability to access the well site. After hearing extensive evidence on title and other issues, the trial court grants the lessors' motion for directed verdict finding that the leases had terminated some time before the 2005 entry. Held: reversed and remanded. Initially the court finds that although it is the preferable route for the trial court to issue findings of fact and conclusions of law, the failure to do so in this case is not reversible error. The primary term of both leases ended in 1979 and 1980. The trial court found that there were lengthy periods of tiime of no production ranging from 7 years as to one lease to 4 years in the other. The court notes that in this case the burden of proof is on the lessee to show that the leases are alive even though in most situations the burden of proof is on the lessor to show lack of production in paying quantities. It is the lessee who is seeking relief and asserting a claim for interference with their right to produce oil and gas.
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