Superior Court 3/31/08 - POWER GAS MARKETING & TRANSMISSION, INC. v. CABOT OIL & GAS CORPORATION and LINN ENERGY, LLC

POWER GAS MARKETING & TRANSMISSION, INC. v. CABOT OIL & GAS CORPORATION and LINN ENERGY, LLC
No. 783 WDA 2007 2008 PA Super 54 Atlantic: n/a Filed: 3/31/2008
Appeal from the Order in the Court of Common Pleas of Indiana County, Civil Division, No(s): 11316 CD 2005
Before: LALLY-GREEN, PANELLA and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Power Gas Marketing and Transmission, Inc. (Power), appeals nunc pro tunc from the February 27, 2007, Order granting Cabot Oil & Gas Corporation (Cabot) and Linn Energy, LLC’s (Linn Energy) respective motions for summary judgment and, conversely, denying Power’s cross-motion for summary judgment.


While we recognize that our Supreme Court stated the rule against perpetuities should be “remorselessly” applied, the rationale for such application was the Court’s reliance on the common law notion that “[The rule] is founded upon a sound principle of public policy.” Central Delaware County Authority, supra at 490, citing Barton, supra at 314. The General Assembly, nevertheless, has eliminated the rule against perpetuities for any interest created subsequent to January 1, 2007. See 20 Pa.C.S.A. § 6104(d), Applicability, added by 2006 Pa. Legis. Serv. 98. Given our General Assembly’s recent elimination of the rule as it pertains to interests created after January 1, 2007, it is difficult to argue our General Assembly, the ultimate arbiters of the soundness of this Commonwealth’s policy, still believes the rule is based “upon a sound principle of public policy.” See generally, Pennsylvania Nat’l Mut. Cas. Co. v. Black, 591 Pa. 221, 916 A.2d 569, 578 (2007) (“Public policy is to be ascertained by reference to the laws and legal precedents and not from general considerations of supposed public interest.”) (citations omitted).