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Driller faces lawsuit over destroyed trees
(by Joseph Koziol Jr. - May 09, 2012)
Driller faces lawsuit over destroyed trees
By JOSEPH KOZIOL JR.
A Chester Township couple has filed suit, claiming that gas-well-drilling company working next door destroyed a swathe of trees on their property that served as a buffer from a commercial area.
Scott A. and Mary Roller, of South Woodside Drive, filed suit April 17 in Geauga County Common Pleas Court against Florida-based Cutter Exploration LLC in connection with work done three years ago. The suit also names Michael J. Cutter, company manager, as a defendant.
According to the suit, "During the construction and installation of the well in May 2008, defendants negligently and/or knowingly and/or recklessly and/or intentionally entered upon plaintiff's land without plaintiff's consent and undertook the following activities:
"Deforestation of the back yard of the Roller property by cutting down and otherwise damaging more than 30 naturally growing trees; altering the water absorption and drainage capacity of the deforested area; bringing tree removal and excavation equipment onto plaintiff's land and damaging naturally growing shrubbery and/or grass; and leaving compacted soil and/or near plaintiff's land."
Those actions, the suit claims, "invaded the privacy interests of plaintiffs" by removing trees that were part of a privacy and light buffer from "artificial, ambient lighting and noise of commercial property(s) near and/or adjoining the Rollers' property."
The suit says the Rollers asked the company to take "reasonable steps" to abate the problems created by the drilling but it has not done so.
"The loss of the aforesaid trees invaded the private interests of plaintiffs and unreasonably interfered with plaintiffs' quiet enjoyment of plaintiffs' land," the suit claims. "At no time did defendants have the privilege or permission of plaintiffs to enter upon their land or otherwise engage in any of the above-stated conduct."
According to the lawsuit, the damage would cause prospective buyers to not purchase the Rollers' property.
It cites a section of Ohio law which states: "No oil or gas well owner or agent of an oil or gas well owner shall fail to restore the land surface within the area disturbed in siting, drilling, completing and producing the well."
In addition, the suit says the company also may have violated the ordinances, rules and regulations of Chester Township and the Ohio Department of Natural Resources.
"Plaintiffs have lost trees, grass and/or shrubbery on their land; they have endured frustration, embarrassment, annoyance, alarm; their property has suffered a loss of value; they have been made to suffer the invasion of unwanted light and sound; and they have incurred attorney fees and the costs of this action; all in excess of $25,000," the suit says.
The plaintiffs are seeking in excess of $25,000, including compensatory and consequential damages, as well as punitive damages, plus court costs and attorney fees.
In addition, the suit calls for the company to adopt a policy that would prevent future such incidents.
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