Friday, Jul. 11, 2008

State District Court Petition Filed Against Flower Mound Oil and Gas Board of Appeals

Staff Report

The Messenger

Red Oak Gas and its subsidiaries filed a petition in state district court on June 27 appealing the Town of Flower Mound’s Oil and Gas Board of Appeals’ denial of numerous variances requested for a proposed gas well drilling site.

The Oil and Gas Board of Appeals denied 15 gas well variances requesting reductions in minimum setback requirements submitted by Red Oak Gas during a regular meeting on June 18. The petition was filed against the Town of Flower Mound and the Oil and Gas Board of Appeals. Individual Town Council and Oil and Gas Board of Appeal members were not named in the petition.

“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 A. Smith. “We will consider all of our legal options and respond accordingly.”

Flower Mound has until July 21 to file a response to the petition with the District Court. Legal options will be considered by the Town Council in Executive Session during the July 17 special meeting.

The District Court is empowered to affirm, reverse, or modify the decision of the Board of Appeals. The District Court’s ruling can be appealed by either party to the Court of Appeals in Fort Worth and ultimately may be heard by the Texas Supreme Court.