Replies to This Discussion

Permalink Reply by Robert and Valorie Fulton on May 15, 2014 at 5:56am

We have been expecting it, but not yet.

Permalink Reply by pinehill on May 15, 2014 at 7:17am

We were contacted by RedHill about a year ago right before they announced the joint venture with AEP. But we have not heard from them since that time.  They wanted us to sign a unit addendum

Permalink Reply by Robert and Valorie Fulton on May 16, 2014 at 3:28am

There has been a court decision in Harrison County, which makes contracts written with RHDK, LLC, null and void. The LLC was a violation to many of our leases. Everything is back to Red Hill now. Judge Hervey made the decision. Our attorney is appealing the decision. I am very confused about the whole deal!! To me, it is comparable to getting married, being abused by your spouse and the judge saying he will void the marriage, with no penalty for the abuse!! I am at a loss with this decision and with much of the goings on in this whole Kimble ordeal.

I said all of this to say that as far as I can decipher, the venture between Kimble and AEP is void. They may have redone it??? Who knows WHAT the Kimbles have cooked up!!

Permalink Reply by pinehill on May 16, 2014 at 3:35am

Could you tell me where you found this information, thanks

Permalink Reply by Robert and Valorie Fulton on May 16, 2014 at 4:50am

We are involved in the law suit. A group of us have addendums that demand written permission for Red Hill to sell or transfer the lease rights. We went together to hire an attorney to deal with this. Kimbles broke the lease when it was transferred to the LLC without our approval. Our attorney is Robert Tscholl of North Canton. I had heard rumors so I contacted Attorney Tscholl. He verified what I  had heard about the decision. I am not clear on all the details, but I do know it is being appealed.

Permalink Reply by pinehill on May 16, 2014 at 4:54am

When was the lawsuit filed?  The LLC was formed in 2005, correct?  We are held by production so I am not sure how that would effect us.  Very interesting.

Permalink Reply by Robert and Valorie Fulton on May 16, 2014 at 5:57am

All of us in the group have producing wells and free gas. But we have the addendums. If you have an addendum that says they have to get approval to transfer or sell the lease you should be a part of our group. We have found an accumulation of around 3000 acres, I'm not certain how many of us, that have the addendum. The lawsuit has been just last year. Even if you don't have the addendum, you may be affected by the new court finding. It would be worth checking in to. If you DO have the addendum, (they were added at the end of the lease), you should contact our attorney and get in on this.

Permalink Reply by pinehill on May 16, 2014 at 6:41am

Will this release your land from Red hill or does it just give you a some input into new lease with them?  The AEP wells being drilled seem to be heading your way.

Permalink Reply by Gary Miller on May 16, 2014 at 7:12am

As I understand this it only affects leases with a no assignment clause.

The court ruled that it violated the lease, but the lease in question did not clarify that the violation would void the lease. The court ruled that it only voided the assignment. My guess is there are probably some leases that are more specific, as to the fact it would void the lease?

  

Permalink Reply by Robert and Valorie Fulton on May 16, 2014 at 11:11am

Then why would the LLC be dissolved to solve the problem??  That WAS the decision.

Permalink Reply by Robert and Valorie Fulton on May 16, 2014 at 11:15am

The last we heard, the LLC was a violation and the judge was to decide damages. The lease was VOID! Judge Hervey was going to decide whether they would keep shallow rights and loose deep right, pay us damages, or whatever.

Permalink Reply by Robin Hood on May 16, 2014 at 10:14pm

We have a similar situation with Range Resources and Chesapeake. We have that assignment clause which was disregarded when the transfer occurred. When we approached Chesapeake about it they responded that it didn't matter as they were a reputable oil company with a proven drilling record. They have essentially hi jacked our lease.

Is your lawyer working on contingency, or is the group paying him directly?

Does anyone know where I can read more about this case?

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