What Happened: While shutting down a gas station operation on leased property, 7-Eleven removed underground gasoline storage tanks, lines, piping, compressors, and fuel dispensers without the landlord’s approval. The landlord sued, claiming that 7-Eleven’s removal of the underground gas infrastructure constituted not only a material breach of the lease but also a tort—waste of property. 7-Eleven argued that all of the landlord’s claims were based on the lease and asked the court to dismiss the tort claim. 

Ruling: The West Virginia federal court granted the motion. 

Reasoning: Like Pennsylvania and a few other states, West Virginia has a “gist of the action” doctrine to prevent mingling of contract and tort claims in the same lawsuit. Thus, you can’t recast what is essentially a contract claim as a tort claim, e.g., by suing a tenant who spitefully doesn’t pay rent for breach of lease and intentional infliction of mental distress. The court reasoned that the gist-of-the-action rule applied in this case. Thus, 7-Eleven’s duty not to waste the property arose solely from the lease and the landlord’s tort claims could succeed only if 7-Eleven breached the lease.

• Oak River Holdings, LLC v. 7 Eleven, Inc., 2025 U.S. Dist. LEXIS 116525, 2025 LX 165632