W.Va. Petitioner Loses Bid for Royalties Based on Adverse Possession

CHARLESTON, W.Va. - A woman whose family received royalties for a one-fourth interest in a mineral lease for 50 years failed to persuade West Virginia's high court to order an energy company to continue those payments despite having lost the land to foreclosure in 1964. Gassaway v. Dominion Exploration and Production Inc., No. 11-0535 (W.Va. Sup. Ct. App.).

West Virginia's Supreme Court of Appeals rejected Marie Gassaway's petition to reverse summary judgment in favor of Dominion Exploration and Production Inc. on Oct. 11, and declined to allow her to amend her complaint to re-plead her claim.

Gassaway sued Dominion after …