Butler County Judge Michael Yeager has ruled that a group of Middlesex Township residents who fought a township zoning amendment that would allow shale gas drilling in most of the township cannot be sued for exercising their First Amendment rights.

Yeager dismissed a case brought by a group of shale gas leaseholders who claimed that those who appealed the zoning amendment and the development of the Geyer wells near Mars School District buildings did so in an attempt to “harass, delay and interfere with the plaintiffs’ oil and gas contracts.”

Yeager’s opinion on Thursday also said the defendants are insulated from liability in their protest of the zoning and the wells because of their First Amendment right to free speech and right to “petition the government for redress of grievances.”

A group of residents last year appealed a zoning ordinance approved by the township supervisors in 2014 that allowed shale gas operations in most of the township. The zoning board one year ago upheld the amendment, and the group appealed that decision to county court.

While a stay was issued in July last year on the permit to develop the Geyer wells on Denny Road, the work restarted in January after Yeager upheld the zoning ordinance amendment.

The leaseholders’ case was originally filed last year with County Judge Marilyn Horan, who dismissed the case on its lack of specificity regarding the actions allegedly taken by the defendants. Horan gave the plaintiffs the opportunity to refile the case with more detail, which they did.

Yeager on May 19 heard arguments from both sides. Richard Sandow, the leaseholders’ attorney, argued that the defendants actions were a sham meant to prevent his clients from benefiting from their properties.

Withold Walczak, an American Civil Liberties attorney who got involved in the case because he said the suit was an attempt to silence the defendants, argued before Yeager that the suit was an infringement on his clients’ constitutional rights.

Both sides held rallies on opposite sides of Main Street before the May 19 hearing.

Maya van Rossum, an attorney with the defendant Delaware Riverkeeper Network, said it is important that the rights of her organization and township residents were vindicated in the suit’s dismissal.

“It also sends an important message to the gas drilling industry, that you can’t use the law to get your opposition forced into silence,” she said.

Reid Joyce, a Middlesex Township resident who participated in the rally and attended the hearing, said Yeager’s decision is the right one.

“The only reason for this lawsuit was to punish and silence those who attempted to overturn the ordinance,” Joyce said.

Walczak said he and his clients are pleased that the suit has been dismissed and the issue is concluded.

“We think it was a pretty easy decision,” Walczak said. “Under the First Amendment, people cannot be sued for participating in political or legal processes to oppose a governmental action.”

He pointed out that not only did Yeager dismiss the suit, but he did not allow the plaintiffs to refile as Horan did in September.

Walczak said the plaintiffs can appeal Yeager’s decision in state Superior Court within 30 days.

“We think it’s a futile effort in support of a misguided lawsuit,” Walczak said.

Sandow said his clients should have been allowed to proceed with the suit and have their day in court.

“Obviously my clients are disappointed,” Sandow said. “They have financial interests and are trying to earn a living, which are affected.”

He said they have not yet decided whether to appeal the case to a higher court.