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New Member
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Aug 28, 2007, 04:48 PM
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Do I have a winable lawsuit?
I live in Fort Worth, TX. My home sits on part of the Barnett Shale gas reservior. Gas companies have been drilling around the area for years. Usually in remote fields along the highway or in industrial districts.
However, they now plan to put one behind my neighborhood. It is not more than six hundred feet from my home.
Last year in another local county, one of these drilling wells exploded and destroyed everything around it for more than half a mile. It did'nt burn or knock down buildings and trees around it; it incinerated everything for that distance.
Many experts say the minimum safe distance to be should one of these blow is 2000 ft. The city of Fort Worth is allowing the drilling company to put one of these within 275 ft of my family and property. The city's own ordinance calls for a distance of 600 ft.
My question is " Can I file suit against the city for knowingly endangering me, my family, and property?"
If so; is it likely that I would win the case? Should I go after the drilling company?
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Uber Member
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Aug 28, 2007, 06:53 PM
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Hello pj:
You can file a lawsuit that will require the city to follow its own rules. If you win, the city will have to follow its own rules. You don't get money. Maybe, you'll get your attorney's fees paid for.
The drilling company didn't do anything to you, so there's nothing to sue them for.
excon
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Expert
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Aug 28, 2007, 07:56 PM
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You need to get several people together and see if you can get an injunction to stop them from drilling due to safety. ** if you can.
Perhaps some of the environmental groups will help you.
If you can prove that this is not a safe distance, you may be able to stop the drillng.
Of course this is part of the problem with oil prices and drilling, everyone wants to use it, but no one wants the well near them.
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New Member
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Aug 28, 2007, 08:50 PM
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Originally Posted by excon
Hello pj:
You can file a lawsuit that will require the city to follow its own rules. If you win, the city will have to follow its own rules. You don't get money. Maybe, you'll get your attorney's fees paid for.
The drilling company didn't do anything to you, so there's nothing to sue them for.
excon
Hello Ex
Isn't this kinda like the tabacco industry? The drilling company is going door to door to sign mineral rights and telling everyone that it is perfectly safe! Yes 99% of the time, these wells are safe, however, that 1% thats blows away a half mile of densely populated suberbia could kill hundreds of people.
They don't tell you that.
So why are they not at fault as well? I could see them not being at fault unless something happened. But, even if something does'nt happen, we are not getting the full truth. They are endangering people and not letting them know the risks involved.
I'd say thats wrong
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New Member
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Aug 28, 2007, 08:54 PM
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Originally Posted by Fr_Chuck
You need to get several people together and see if you can get an injunction to stop them from drilling due to safty. ** if you can.
Perhaps some of the enviormental groups will help you.
If you can prove that this is not a safe distance, you may be able to stop the drillng.
Of course this is part of the problem with oil prices and drilling, everyone wants to use it, but no one wants the well near them.
Hi Chuck,
How many people would I need to get an injunction? Half of the neighborhood is already fighting this.
My question should have been; if we fight it and the well still goes in, and I can prove that it isn't a safe distance away, do I have a case?
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Junior Member
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Aug 28, 2007, 09:03 PM
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Get a petition started, get local business owners involved if you can, get a website started for your cause, get as many people to back it as you can. Also, write your congressman. Any one of these would be a good starting point.
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Ultra Member
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Aug 29, 2007, 03:50 AM
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You need to check the deeds that are recorded and your own to see if the gas company owns the mineral rights.
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Uber Member
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Aug 29, 2007, 03:52 AM
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Originally Posted by pjg023
So why are they not at fault as well? I'd say thats wrong
Hello again, pj:
I didn't say they were right. I just said you can't sue them. Well, you can sue them - you just can't win.
If they put in the well and it explodes - THEN you can sue.
excon
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