[ back ]
Lawsuit stops gas-well drilling in Taborville
(by Joan Demirjian - January 21, 2010)
Lawsuit stops gas-well drilling in Taborville
By JOAN DEMIRJIAN
A lawsuit filed to stop a gas and oil well from being drilled in the Taborville commuity of Auburn Township has been settled.
State Sen. Timothy Grendell, R-Chester, represented and filed the lawsuit on behalf of a group of homeowners in Taborville who opposed the well from being drilled on common property in the neighborhood.
The lawsuit was filed last November in Geauga County Common Pleas Court. Homeowners supporting the lawsuit said they were concerned about water wells and property values.
Mr. Grendell said American Energy Exploration, of Aurora, which was going to drill the well under a contract with District Workingmen's Gymnastic Union of Cleveland, which conducts its business through DTJ District Council, will cancel the lease and will not drill in Taborville.
Last year, Taborville Committee, a body comprised of representatives of DTJ and sublot owners, voted to allow the DTJ Council to sign the lease with American Energy Exploration.
Now, the attorney representing the district council said they prefer to resolve the case by canceling the lease, Mr. Grendell said.
Residents opposed to the drilling had contended in the lawsuit that it would be a violation of the deed restrictions of the park.
"If you look at the deed restrictions in the late 1920s, the 40 acres of common land was set aside for recreational purposes, including selling refreshments for events, but no business purposes," Mr. Grendell said.
"And oil and gas isn't recreational, and it's not permitted. It's industrial," he said. "My point is that drilling is a violation of the deed restrictions."
The agreement by the lawyers was made last week to cancel the contract, he said.
"I'm pleased," Mr. Grendell said. "It's two less oil and gas wells in Geauga County." The contract lease permitted up to two wells, although the initial application showed one.
He has met with the Taborville homeowners who opposed the well. "They're happy. The goal is to keep from drilling there," Mr. Grendell said.
Taborville resident Traci Fee has opposed the well. "We're extremely thankful to Sen. Grendell for what he has accomplished," she said. "We have a beautiful, old community, and gas wells would have decreased our property values.
"If gas wells had been drilled, we would have been subject to water, air and noise pollution," Ms. Fee said.
"The oil- and gas-drilling industry is exempt from EPA regulations, including the Clean Water Act. Therefore, if our drinking water became contaminated with hydraulic fracturing carcinogens, this fact alone would not guarantee any corrective legal action," she said.
"Obviously, most people are not willing to loosely risk their largest financial asset, their homes, as well as their health," Ms. Fee said.
"Oil and gas drilling simply do not belong in residential areas," she said. "We are very grateful that Sen. Grendell truly represents and supports Ohio homeowners," she said.
"The time is past due for the rest of Ohio's legislators to prioritize Ohio citizens before the special interests of the Ohio and gas industry," Ms. Fee said.
Mr. Grendell is attempting to amend proposed state regulations involving gas- and oil-well drilling. He has fought for increasing the distance a well can be drilled from a home, against mandatory pooling and protection of ground water.
In mandatory pooling, if there is not enough required acreage to drill the well, adjacent property owners are forced to be included.
"It's never going to go as far as it needs to go, but I'm feeling confident there are going to be more favorable changes," Mr. Grendell said of amendments.
"I'm going to challenge mandatory pooling through litigation," he said. "It's too important to me to not to keep up the fight and protect homeowners.
"I appreciate the chance to work with them," he said. "The greed of drilling exceeded the rights of homeowners."
Taborville is a community of small lots with water wells, Mr. Grendell said. "Where are they going to get a city waterline if their wells are affected. This whole thing is about prudence and where you drilling.
"It's not sensible," he said of drilling close to the houses.
[ back ]
