Titan Operating, LLC, filed suit on Dec. 17 against the Town of Flower Mound and the Flower Mound Oil and Gas Board of Appeals in response to the denial of setback variances needed to commence gas drilling on property owned by Elmer Powell in Flower Mound.
“The Town Attorney received a copy of the Titan lawsuit and the Flower Mound will vigorously defend the Oil and Gas Board of Appeals and its decisions relative to the requested setback variances for the Powell site,” said Town Manager Harlan Jefferson in response to the lawsuit filed by Titan.
The Town’s Oil and Gas Board of Appeals heard lengthy presentations, witness testimony, and other evidence on Dec. 15 whether setback variances should be granted for gas drilling at the Powell site. After due consideration, the Oil and Gas Board of Appeals denied all of the requested variances.
Titan contends in the lawsuit that “the Board’s denial of Titan’s request for simple variances for setbacks related to lot lines was made without reference to applicable criteria and standards, is illegal in whole or in part, constitutes an abuse of discretion, was arbitrary and capricious, and should be reversed.”
“The Board’s actions certainly were not illegal and were not an abuse of discretion. The decision of the Board was based on solid evidence and testimony. We are confident that the Board and its denial of the requested variances will be upheld by the court,” said Town Attorney Terrence Welch in confirming that a vigorous defense is planned.
More information and reaction from the community here.