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Drilling battleground reaches Taborville
(by Joan Demirjian - December 09, 2009)
Drilling battleground reaches Taborville
By JOAN DEMIRJIAN
A proposal to drill a gas and oil well in the DTJ Taborville community in Auburn is being opposed by a group of residents.
Sixteen residents have in a lawsuit filed in Geauga County Common Pleas Court last month opposing the plan by American Energy Exploration Inc., of Aurora, and Workingmen's Gymnastic Union, which conducts business through DTJ District Council, of Auburn.
Taborville resident Traci Fee said she does not believe drilling should take place in a residential area, "especially when well water is involved. And in our case, with the small lot sizes."
Taborville, off Quinn Road, was built originally as a summer community with small lots. Residents use water wells and septic systems.
Property owners fighting the drilling of a gas well are being represented by state Sen. Timothy J. Grendell, R-Chester. He has taken on the challenge of attempting to stop the drilling and is not charging for his services.
The Workingmen's Gymnastic Union has certain rights to use the approximately 40-acre park in Taborville. But under a 1927 deed, no business can be conducted in the park, except for the sale of refreshments, according to the lawsuit.
Last January, the Taborville Committee, a body comprised of representatives of DTJ Council and the sublot owners, voted to allow the council to sign an oil- and gas-exploration lease with American Energy Exploration.
The lease permits the company to drill two oil and gas wells in the park, and DTJ District Council would receive a share of royalties. Taborville lot owners would not receive royalties.
The lawsuit claims the 1927 deed prohibits any business in the park, which only may be used for recreational purposes.
Property owners assert in the lawsuit that a lease to drill gas wells violates the restrictions limiting use of the park. "A controversy exists to whether the lease and defendants' proposed exploration for oil and gas within the park violates the recorded deed restrictions limiting use of the park to recreational, non-business uses," the suit says.
However, DTJ Council maintains that the Taborville Committee had and has the legal authority to circumvent and override the restrictions of the 1927 deed.
The residents represented by the lawsuit are asking the court to declare that the Taborville Committee and DTJ Council do not have the legal power and authority to violate the recorded deed restrictions limiting the use of the park to recreational, non-business use.
Property owners argue in the lawsuit that drilling and exploration will violate deed restrictions and cause irreparable damages to owners and their use and enjoyment of the park.
Bruce Marek, a member of the district council, has said the council owns and pays taxes on the park. The driller has offered to test residents' water wells before drilling would start, he said. The district council would use the royalties from the well for maintaining the DTJ hall and properties.
Mr. Grendell said he took on the challenge of taking the issue to court after being invited to speak on gas- and oil-well drilling in the state by the Taborville residents at Auburn Town Hall.
"Part of my continuing efforts is to protect my constituents from the ill effects of drilling in residential areas," he said.
"I answered their questions and got involved with the situation," he said. "I offered my services pro bono. I'm simply not going to quit the battle to hold gas- and oil-well drillers to more accountability with drilling in residential areas," Mr. Grendell said.
"It's an uphill battle, because the gas- and oil-well industry has a lot of influence in Columbus," he said.
"It's all part of protecting people from gas- and oil-well drilling in residential areas," Mr. Grendell said. "When I see something wrong, I've got to keep fighting.
"This is consistent with fighting the asphalt plant in Burton and opposing a cell tower in Munson."
Mr. Grendell also is opposed to mandatory pooling in which property owners surrounding a gas well must pool their property to provide enough land necessary to drill. "I think it's unconstitutional," he said.
In the case of the Taborville well, the company has not pulled a permit yet, Mr. Grendell said. It could be because gas prices are low and the costs of equipment such as piping are up, he said.
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