In Town of Flower Mound v. Eagle Ridge Operating LLC, an operator’s injunction against enforcement of a local ordinance was dissolved. EagleRidge operates gas wells in the Flower Mound. A Town ordinance prohibits work on gas wells (other than drilling) at times other than between 7 a.m. and 7 a.m. Monday through Friday and certain times on Saturday. EagleRidge tried to avoid enforcement of the ordinance by:
All of the requests were denied by the Town and its agencies. EagleRidge sued and the trial court enjoined the Town from enforcing ordinances that have the intent or effect of restricting hours in which EagleRidge and its contractors could haul produced water. Upon further review … The court of appeals dissolved the inunction, holding the trial court had no subject matter jurisdiction over the dispute because the ordinance is penal in nature. (A violation is considered “unlawful” and is punishable by fine.) The wrong the ordinance protects against involves the violation of public rights and duties that affect the whole community, considered as a community (rather than infringements of private civil rights belonging to individuals, considered as individuals). In support, the court cited the stated premise of the ordinance: “ … natural gas drilling and production operations involve or otherwise impact the town’s environment, infrastructure[,] and related public health, welfare[,] and safety matters[.]” The reversal was also for reasons that trial lawyers are used to seeing:
Your musical interlude Swamp pop with a twang and an angelic voice. Because it just sort of trails off, here is the original to compare. Gas Well Operator’s Injunction Against Texas Town is Dissolved syndicated from https://888migrationservicesau.wordpress.com via Tumblr Gas Well Operator’s Injunction Against Texas Town is Dissolved
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