Council is in recess for the month of August. That means no new council-related posts until September.
Appeal has been filed in the Bass Energy suit.
Last month, Judge Gallagher issued a split decision in the Bass Energy suit----while she invalidated council's post-lease attempt to rescind Mayor Coleman's authority to enter into a drilling deal with Bass Energy, she also ruled that the Mayor acted without authority when he signed the drilling lease with Bass and that Bass Energy was not entitled to begin drilling in the park, even though it had obtained drilling permits from the state.
Council had several options after the opinion was issued. It could allow Bass to drill in the park, either by negotiating with Bass or allowing the matter to be arbitrated (which is the route Bass Energy declared it wanted to pursue----after it filed the lawsuit) or it could appeal the judge's ruling that invalidated the rescinding ordinance.
Council has decided to appeal---the best (and only) route to keep gas wells out of the park.
According to the court docket, the city filed its appeal on July 30th.
I will be watching to see if Bass Energy, likewise, decides to contest the judge's ruling. The deadline for filing appeals expires this week.
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Regular updates from Council meetings, providing residents with information they don't get from other sources
WHAT IS THIS BLOG ABOUT?
Not everyone has the time to attend Highland Heights council meetings. These are my reports (and impressions) from those meetings---Amy Feran
JUDGE'S RULING: MAYOR SCOTT COLEMAN HAD "NO POWER" TO SIGN DRILLING LEASES
On July 2, 2009, Common Pleas Court Judge Eileen Gallagher issued a ruling in the Bass Energy suit.
With regard to the signing of the March 2007 drilling lease for the park, Judge Gallagher said:
With regard to the signing of the March 2007 drilling lease for the park, Judge Gallagher said:
No power, but Mayor Coleman signed the drilling lease anyway. The city finally settled the Bass Energy suit for $600,000 this spring."Section 2 of Resolution 63-2006 states that (the authorization allowing Mayor Coleman to sign a drilling lease for the park) is contingent upon the (written) approval of... three (well) sites by the City of Highalnd Heights and the commitment of Bass Energy to drill the wells on all three sites.
Pursuant to Resolution 63-2006, Defendant's mayor (Mayor Scott Coleman) had no power to enter into the Lease until three locations were selected. Despite the fact that three locations were not selected or approved (of) in writing, (Mayor Coleman and Bass) signed the Lease agreement."
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Who Am I?
I have lived in Highland Heights since 2001. I am an attorney and a founding members of the Highland Heights citizen group, Love Our Green Space (LOGS).
I have been blogging about the goings on in the city since March 2009.
I have been blogging about the goings on in the city since March 2009.