Fleming v. EQT Gathering, LLC

After EQT Gathering, LLC constructed a natural gas pipeline along the boundary of Appellants’ property, Appellants filed a civil action in the circuit court alleging that EQT had trespassed upon their land. After a jury trial, the circuit court ruled in favor of Appellants and awarded compensatory and punitive damages. The court of appeals vacated the judgment, concluding that the trial court erred by directing a verdict in Appellants’ favor on the issue of liability and submitting only the issue of damages for the jury’s determination. The court of appeals further concluded, sua sponte, that, upon remand for a new trial, adjoining landowners must be included as parties to the suit before the trespass claim could be resolved. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court erred in directing a verdict on the issue of EQT’s liability for the trespass; but (2) the court of appeals erred in determining that the adjoining landowners were indispensable or necessary parties to the trespass claim and in mandating their involuntary participation in the action. Remanded. View "Fleming v. EQT Gathering, LLC" on Justia Law