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Red Oak Gas to challenge board of appeals decision
By Chris Roark, Staff Writer
Red Oak Gas and its subsidiaries are taking their request for gas drilling variances to the state district court.
Following a decision by Flower Mound’s Oil and Gas Board of Appeals on June 18, in which the board denied 15 variance requests for drilling setbacks, Red Oak Gas filed a petition Friday to appeal the decision.
The petition was filed against the town and the board.
Both attorneys representing the town and Red Oak Gas were unavailable for comment as of press time Tuesday.
Red Oak Gas was seeking variance requests for a pad site on a 134-acre tract of land located east of FM 2499, west of Morriss Road, north of FM 1171 and south of Timber Trails Park. The surface owner, Cole McDowell, is seeking to build The River Walk at Central Park on the land.
The requested pad site was located on the northeast portion of the property. Because the pad site did not meet some of the distance requirements outlined in the town’s gas drilling ordinance, the applicant was required to request a variety of setback variances, including distance from a public building that includes a school, hospital or religious institution.
The request would have put a well 779 feet from First Baptist Church, located at 1901 Timber Creek Road, and a tank battery 885 feet from the church. The ordinance requires a setback of 1,000 feet for both, or down to 500 feet with a variance.
The requested variance also would have put a well 695 feet from Applewood Daycare, located at 2011 Timber Creek Road, and a tank battery 827 feet from the daycare. The variance would have allowed for a setback down to 500 feet.
According to the lawsuit, Red Oak Gas had received a letter from the owner of the daycare, the landowner of the property the daycare is located on and the church’s pastor saying they did not object to the variances.
The lawsuit stated the only opposition came from public residents who did not live within 1,000 feet of the proposed site.
The lawsuit also states that during the meeting, “more than one board member expressed objections to any drilling on the Red Oak property generally, not just the June site, and at least one board member expressed the desire to have a ‘hole’ in central Flower Mound so that ‘there’s nothing there.’” It went on to state “some board members effectively based their decisions on the goal of banning drilling altogether within central Flower Mound, including the Red Oak property, thereby preventing Red Oak from extracting its minerals.”
The lawsuit stated that the board failed to apply applicable law. It noted that according to Texas Local Government Code Section 211.009(a)(3), a variance can be granted if it’s not contrary to public interest and if a literal enforcement of the ordinance would result in unnecessary hardship. It also referenced a portion of the Flower Mound Code of Ordinances that states “all property owners, mineral and otherwise, have the right to enjoy their property and its benefits and revenues.”
Flower Mound has until July 21 to file a response to the petition with the district court. According to a statement issued from the town, legal options will be considered by the town during executive session of the July 17 special meeting.
“The Town Council has consistently been supportive of Flower Mound’s current oil and gas well drilling ordinance, which attempts to balance the rights of mineral owners and the health, safety and welfare of the community,” said Mayor Jody Smith. “We will consider all of our legal options and respond accordingly.”
The district court can affirm, reverse or modify the board’s decision. The district court’s decision can be appealed by the Court of Appeals in Fort Worth and could go as far as the Texas Supreme Court.
A town official said it’s too early in the appeals process to know how, if at all, the appeal will affect the progress of the River Walk project.
The following are comments from the readers.
In no way do they represent the view of Starlocalnews.com
In no way do they represent the view of Starlocalnews.com
Zoe Stefansson wrote on Jul 6, 2008 7:31 AM:
" Can someone tell me which district court this appeal was filed in by the gas company. There are several district courts in the county. Thanks. "
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