Gas leaseholders get their day in court
Two groups faced off at 1 p.m. Thursday on Main Street, when 25 Middlesex Township shale gas leaseholders rallied on the Butler County Courthouse steps to support their right to earn money from their land.
Across Main Street from the courthouse, seven people who disagree with shale gas wells being placed within a half-mile of Mars schools held up their signs in Diamond Park.
The public scene preceded a 2 p.m. hearing before county Judge Michael Yeager regarding a lawsuit brought by the leaseholders against a Mars parent group and others who appealed a township zoning board decision to uphold a new zoning amendment that would allow gas drilling in most of the township.
The leaseholders contend that the group appealed the supervisors' approval of the amendment to the zoning board, and then to county court, with the intention to slow or stop work at the Rex Energy well at the Bob and Kim Geyer property on Denny Road.
County Judge Marilyn Horan in the fall dismissed the leaseholders lawsuit, saying it did not directly link the challengers to alleged shale gas income lost by the plaintiffs. Horan also said the original suit lacked specifics regarding the allegations.
Horan gave the leaseholders' lawyers 20 days to file a revised complaint, which they did in October.
Yeager on Thursday heard more than an hour of arguments from both sides, which he said he would take under advisement.
American Civil Liberties Union attorney Witold Walczak, who represents the defendants, argued that the suit should be thrown out because it was filed to silence his clients.
Walczak said the defendants cannot be sued or penalized for exercising their constitutional right to free speech and to disagree with the action of government.
He said the group appealed the zoning amendment because they feel shale gas drilling so near their children's schools and some of their homes is dangerous, which they have a right to do.
“If that Salem Township explosion that happened a few weeks ago had happened here, two defendants would not be here today because (their homes) are within 1,000 feet of the Geyer well,” Walczak said.
The leaseholders attorney, Richard Sandow of Jones Gregg Creehan and Gerace of Pittsburgh, said statements were made and testimony given before the Middlesex zoning board that was false and misleading for the sole purpose of holding up work at the Geyer wells.He said the zoning board heard testimony from one resident who is against the Geyer wells that air quality would be degraded in the area of the well, while knowing the statement was untrue.“It was presented for the purposes of misrepresenting things to the zoning board,” Sandow said.He said the actions of Walczak's clients have caused harm to his clients, who would use their shale gas revenue to avoid losing their homes and farms.He said according to the state constitution, residents have the right to use their property as they see fit, and they also have the right to due process under the law if that right is taken away.It is not known when Yeager will rule regarding whether the case will move forward or be dismissed.The courtroom was packed with those on both sides of the argument.
