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Granted Appeal Summary

Case

FRED W. VEST v. MOUNTAIN VALLEY PIPELINE, LLC (Record Number 191014)

From

The Circuit Court of Roanoke County; D. Carson, Judge.

Counsel

Evans G. Edwards and Thomas J. Bondurant (Gentry Locke) for appellant.

Wade W. Massie and Seth M. Land (Penn, Stuart & Eskridge) for appellee.

Assignments of Error

1. The trial court erred in denying Vest summary judgment on his trespass counterclaim, and instead granting summary judgment for MVP.

a. The trial court erred in ruling in favor of MVP, because MVP failed to comply with either the plain meaning of the natural gas surveying statute\\u2019s notice of intent to enter provision (Va. Code \\xa7 56-49.01(C)) or the most reasonable alternative interpretation of that provision.

b. The trial court erroneously adopted MVP\\u2019s interpretation of Va. Code \\xa7 56-49.01(C) and failed to give effect to the legislative intent and different language contained in that section and \\xa7 56-49.01(B).

c. The trial court should have granted Vest summary judgment, because MVP failed to give proper notice to Vest under Va. Code \\xa7 56-49.01(C), and its surveyors trespassed when they entered upon his land without his permission on April 9, 2016.

2. The trial court erred in granting MVP summary judgment on Vest\\u2019s trespass counterclaim; the record contains a genuine dispute of material fact whether MVP waived any limited statutory privilege it had to survey when it agreed to reschedule surveying to later in April yet sent its surveyors onto Vest\\u2019s land anyway on April 9.

http://www.courts.state.va.us/courts/scv/appeals/191014.pdf

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