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Gas leaseholders sue drilling challengers

The 11 holders of 443 acres leased to shale gas drilling companies and set to receive payments from the Geyer Well on Denny Road are suing those who challenged the Middlesex Township zoning amendment.

A lawsuit was filed on May 22 in Butler County Court by 11 Adams and Middlesex residents who said they were deprived of the financial gain they would have realized had the challenge not been filed.

The suit accuses the Delaware Riverkeeper Network, the Clean Air Council, Middlesex residents David Denk, Jennifer Chomicki, Anthony Lapina and Joann Groman, as well as Mars parent group leader Amy Nassif, of “improper activity and interference” with their gas leases by mounting the challenge to a zoning amendment approved in August by the Middlesex supervisors that determines where shale gas operations can take place in the township.

The lawsuit says the defendants, “acting in concert with one another, engaged in a campaign and common plan to interfere with the contractual relationships between the (leaseholders) and (drilling companies) by making false, misleading or inflammatory public statements, presenting improper and unfounded appeals and wrongful and/or unsupported affidavits before the zoning hearing board.”

The suit said Rex Energy announced on Nov. 11 that it would cease all actions regarding leases “as a result of the improper activity and interference of the defendants.”

The leaseholders are asking for monetary compensation from the challengers in excess of $35,000, but believed to be “in excess of hundreds of thousands of dollars,” plus punitive damages and costs.

Joseph Otis Minott, the Clean Air Council’s chief attorney and executive director, said the suit will be fought.

Those bringing the lawsuit are Dewey Homes and Investment Properties, Mark Vinson, Matthew Vinson, Joseph Elm, Mark Gissendaner, Bradley Kress, Brian Kress, Albert and Charlotte McKee, Dean and Sharon Weigle, Ronald Molinaro and Jean Utz.

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