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K. Petroleum Inc. v. Lenape Gathering Corp.

Plaintiff's Right to Build Gas Pipeline Under Leases Is Superior to Defendants' Easements

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DECISION & ORDER On May 4, 2022, K. Petroleum, Inc. (“KPI”), and E-ZAD Energy Corporation (“E-ZAD”) commenced this action against Lenape Gathering Corp. (“Lenape”) and PPP Future Development, Inc. (“PPP”). Docket Item 1. KPI and E-ZAD claim that they have the right to build a pipeline on land that the parties call the “Ellery lots” but that the defendants, who both have existing pipelines on the Ellery lots, refuse to mark those pipelines and are otherwise interfering with the plaintiffs’ right to construct a pipeline. Id. at

52-57. In addition, the plaintiffs claim that the defendants breached a gas-gathering agreement between Lenape and E-ZAD that granted the plaintiffs the right of first refusal to purchase Lenape’s pipelines located on the Ellery lots. Id. at

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