Pa. Supreme Court Will Hear Appeal in Dispute Over Interpretation of 'Minerals' Lease

HARRISBURG, Pa. - Pennsylvania's high court has granted an application for appeal in a dispute over whether an 1881 deed granting one-half of the mineral rights underlying a property applies to shale gas. Butler, et ux. v. Charles Powers Estate, et al., No. 760 MAL 2011 (Pa. Sup. Ct.).

The Supreme Court said in its April 3 order allowing the appeal that it would not allow the Pennsylvania Independent Oil & Gas Association to file an amicus statement.

The question posed to the court by petitioners and landowners John E. and Mary Josephine Butler is this: "In interpreting a …