Bailey v. Endeavor Energy Res., LP, No. 2012-CA-001584-MR, 2013 Ky. App. Unpub. LEXIS 972 (Ky. Ct. App. Dec. 20, 2013)

(plaintiffs granted an oil and gas lease to defendant’s assignor, which drilled several nonproductive gas wells on the property; after the assignment of the lease to defendant, defendant inadvertently failed to pay an annual “shut-in fee” required to extend the lease; believing it still had a valid lease on the property, defendant tested a well and constructed a gravel pit; upon discovering that defendant was still working on the property, plaintiffs attempted to renegotiate the lease; when the negotiations failed, plaintiffs filed an action alleging trespass, nuisance, unjust enrichment, and conversion of natural gas; the trial court granted compensation to the plaintiffs for the amount of natural gas flared off while defendant tested the well, but granted summary judgment for defendant on the majority of the claims; in affirming, the court ruled that plaintiffs had failed to present any evidence supporting its claims of unjust enrichment and trespass and nuisance stemming from the alleged dumping of thousands of gallons of brine water on plaintiffs’ property).