In Carges LLC v. EnerVest Operating LLC, et al., Case No. 2012 CV 03 0215, the Tuscarawas County Court of Common Pleas dismissed a lessor’s claim for breach of the lease’s implied covenant to develop. The subject lease required 30 days advance wrote notice prior to filing suit and provided that “service of such said notice shall be precedent to the bringing of any action by Lessor on said lease for any cause, and no such action shall be brought until the lapse of thirty (30) days after service of such notice on Lessee.”
The court found that the Lessor’s complaint did not allege compliance with the notice provision of the lease. The court held that provision to be a condition precedent to bringing an action under the lease. The court, therefore, granted the producer’s motion to dismiss the lawsuit.
NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.