EQT Gathering Equity, LLC v. Fountain Place, LLC, No. 12-1730, 2013 U.S. App. LEXIS 10193 (4th Cir. May 21, 2013)

(plaintiffs own oil and gas rights to property; defendant owns surface rights; controversy over which party required to bear the cost of relocating two pipelines on property; defendant placed fill dirt over one pipeline, which required plaintiff to relocate pipeline to safer location; defendant wanted to place cell phone tower on property, but second pipeline was in way, so defendant buried pipeline causing safety issues; plaintiff brought suit for injunctive and declaratory relief regarding the excavated pipeline; court denied injunctive relief due to defendant’s secession of excavating,  but granted summary judgment finding defendant upset status quo, so it was required to pay for cost of pipeline relocation; remaining claim went to trial; jury found defendant responsible for depositing dirt on tops of pipeline and court held it responsible for costs; on appeal court held defendant upset status quo because pipelines were in existence at time defendant purchased property; placing fill dirt over top of pipeline was for defendant’s benefit, so it must bear cost of relocation of that pipeline; court stated same conclusion for excavated pipeline; district court judgment affirmed).