Apr 5, 2012

Ohio Oil and Gas Driller Successfully Fights Off Nuisance Suit From Neighboring Homeowner
Case Law Update - Oil & Gas Drilling


Although the Bureau has not yet decided how they will handle the result of this decision, it is painfully obvious that Ohio's state-funded employers may have to now pay the Bureau the full amount of their premium as it relates to the first half of calendar year 1999. The court's decision does not address the other periods that the Bureau authorized and/or issued premium dividends or credits. However, it would certainly appear that this decision could be interpreted as effecting the other periods as well.

An Ohio Court of Appeals affirmed summary judgment for an oil and gas company sued by a neighboring homeowner for nuisance due to its drilling operations. In Natale v. Everflow Eastern, Inc., 195 Ohio App.3d 270 (Court of Appeals of Ohio, 11th District, August 26, 2011), the homeowner alleged that the company’s operation of an oil and gas well and storage tanks on neighboring property constituted a nuisance. The lawsuit concerned a residence and neighboring property located in the city of Warren in Trumbull County, Ohio. The homeowner alleged four claims: nuisance; injunction; violation of local zoning ordinances; and intentional misconduct in order to annoy, harass and retaliate against the homeowner. The company, Everflow Eastern, Inc. (“Everflow”), filed for summary judgment and the trial court ruled in favor of Everflow on all claims. On appeal, the appellate court affirmed...

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