Archives > Flower Mound Leader > News
Print
E-mail
Comment
Rate
RSS
Share
Judge rules in favor of Flower Mound in Titan lawsuit
By Chris Roark, croark@starlocalnews.com
A Denton County judge ruled Thursday night in favor of Flower Mound and the town’s oil and gas board of appeals in a lawsuit stemming from the board’s denial of variance requests made by Titan Operating, LLC.
According to Flower Mound town attorney Terry Welch, Judge Douglas Robison issued his ruling via email shortly before 6 p.m. Thursday.
On Dec. 16, 2010, the board denied several variance requests to allow gas drilling the Powell 1H well on about 24 acres east of Long Prairie Road, south of Spinks Road and north of Lakeside Parkway.
Thursday morning, attorneys for Titan and the town each had 25 minutes to present their case at the 393rd Judicial District Court in Denton.
An abatement for the lawsuit was granted on Sept. 7, 2011, but it was reinstated March 16, 2012.
In its lawsuit, Titan contended that "the board's denial of Titan's request for simple variances for setbacks related to lot lines was made without reference to applicable criteria and standards, is illegal in whole or in part, constitutes an abuse of discretion, was arbitrary and capricious, and should be reversed."
Welch stated "the board's actions certainly were not illegal, were not an abuse of discretion and the decision of the board was based on solid evidence and testimony."
During the Dec. 16 board of appeals meeting, residents voiced concerns over the pad site being near Bluebonnet Elementary School and Shadow Ridge Middle School. They also worried about drilling operations being near an electrical substation.
But an attorney representing Titan that night said the request met the setback requirements from a school and that Oncor had signed a waiver regarding the substation.
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
weirtalking wrote on Jun 1, 2012 8:36 AM:
" Major kudos to Judge Robison for ruling that the FM Oil and Gas Board of Appeals had the right to deny Titan's variance requests. Every time one of these companies hits the town with a lawsuit they're attempting to break the rules outlined in the oil and gas ordinance that an overwhelming majority of voters have favored. There was a time when every variance requested was approved, making the ordinances a useless set of rules that anyone could violate. This lawsuit was just another example of using the courts to intimidate town officials into abandoning the safety net for its residents and capitulating to a rapacious quest by gas companies to break the rules and risk endangering the health of an entire community. It's called a variance "request" because it can be "legally" approved or rejected. The very idea that a company would sue the town is indicative of the arrogance we face in trying to keep these well-heeled corporations from turning our town into a rubber stamp for their profits. With hundreds of millions of dollars at stake it's obvious that residents must be continually vigilant against further assaults on their future. Town Attorney Terry Welch is also to be congratulated for his staunch defense of legislation passed by the town. "
You must register with a valid email to post comments.
Only your Member ID will be posted with the comments.
Only your Member ID will be posted with the comments.
Registered users sign in here:
Become a Registered User
- Return to: News «
- Home «
- Top of Page ^
