Don’t Drill the Hills, Inc. files lawsuit against City of Rochester Hills for Charter Violation
Don’t Drill the Hills, Inc. (DDHI), is a non-profit, grassroots group of local citizens opposed to oil and gas drilling projects in their community. The group filed legal action today against the City of Rochester Hills for signing a lease for oil and gas exploration of City-owned park and cemetery properties. DDHI believes this violates the City’s Charter, Michigan statute, and is a violation of public trust. The group seeks a declaratory ruling from the Court that the lease is void.
With the approval of Rochester Hills City Council, Mayor Bryan Barnett signed a lease with Jordan Development Company, LLC (Jordan) on January 15, 2013. The lease allows Jordan and West Bay Exploration Company to use horizontal drilling to explore for, extract, and sell oil/gas from Tienken Park, Nowicki Park and Stoney Creek Cemetery. Given the lease’s swift passage, there are concerns the City did not perform proper investigatory due diligence.
At issue is a resident-driven 2011 City Charter Amendment. The amendment states that City-owned parks cannot be sold/leased or converted to a non-recreation or non-conservation use, without approval of the City’s voters in an open election. The City Charter protects not just the surface of the park land in Rochester Hills, but the entire property, including its subsurface resources.
The lawsuit asserts that by signing a lease with Jordan, the Mayor and City Council:
- Violated the City Charter (Sec. 11.8).
- Violated Michigan law (MCL 117.5(e)) which requires voter approval for the sale of city parks and cemeteries designated as such in the City’s Master Plan.
- Acted beyond the scope of their power, and took away the citizen’s right to vote on the lease.
“We worked hard in a City-wide effort to amend the Charter in 2011 to protect our parks and ensure our beautiful city retains its residential character”, said a DDHI Spokesperson Erin Howlett. “Rochester Hills voters saw the need for this added protection, initiated the Charter amendment, approved it overwhelmingly at the ballot box, and the City needs to honor it.”
Since the city signed the lease, Jordan has targeted land owners and homeowner associations to lease their property’s mineral rights. As local awareness has grown, residents have spoken out against horizontal drilling in dense residential areas with concerns over property rights, property values, environmental risks, tanker traffic, transparency in the process, and most importantly, the risks to the families that live in the 65 affected subdivisions and attend the 8 schools in the proposed drilling zone (along Tienken Road from Squirrel Road east to Stoney Creek High School).
The City’s parks and natural resources need to be protected for future generations. This lawsuit strives to make that a reality. Jeannie Morris, DDH Member notes: “Although the City proclaims its ‘green’ initiatives and environmental successes, the City’s oil/gas lease is not in line with those values. We believe the Rochester Hills Council and Mayor Barnett have violated the City Charter, Michigan law, and the trust of residents.”
# # #
Don’t Drill the Hills, Inc. is a non-partisan grassroots nonprofit corporation that is building awareness of the risks of horizontal drilling in high-density residential and K-12 School areas. Concerns include: property rights, property values, mortgage and insurance complications, as well as potential environmental and health risks.
Download press release here: DDHI_Press_Release_5.15.14
Download complaint here: Processed-Complaint_for_Declaratory_Relief.pdf
Please donate to support our efforts. Your contribution helps us preserve our property values and our quality of life.
It appears the mayor has made a decision without proper consultation of the people in the affected area. This is a beautiful residential area. Why would anyone agree to the risks for environmental issues, increase to heavy traffic, depreciation to their homes, increase noise.
At the conference held at Rochester College last week, a City of Rochester Hills official indicated on a map he displayed that drilling in Nowicki Park and the park behind Adams High School was not permitted because the proper clearance from an inhabitable building was not adequate. This person was either not qualified to talk about this or was not truthful.
Walter – the man there was using the word drilling very specifically to mean that the drill/well head wouldn’t be on the surface of that portion of land. But, they will be exploring for and extracting the oil and/or gas from under the parks (accessed via drilling) pursuant to the lease that the City signed (different can of worms playing out now in Court). So, wherever they actually put the drill pad site will then drill down, then move horizontally under the subsurface and pull from those areas if the project moves forward. So they will be “drilling” and sucking out resources from the park property, from a drill site within two mile radius from there.
Why is this the first I have heard of this issue. Every rochester hills resident should be made aware of this.
Why haven’t you heard about it?There is no transparency. They do not want you to know and they do not have to let you know. Writing and calling politicians has done nothing. I haven’t heard one candidate for the next election speak about fracking. The industry and our politicians are counting on our ignorance. That’s how they like it.
Rochester Hills gets enough of our tax dollars, why do they even think that they need to put our lives in danger along with decreasing our property values just to make a profit? I have always been against fracking, nondisclosure of chemicals utilized and the amount of thus chemicals. There are alternatives to oil and natural gas, let’s expand on those concepts first.
I applaud DDTH! Somebody has to fight the fight, because R.H. city government sure won’t do it. It doesn’t surprise me that the mayor/city council of your city won’t fight the oil (the reasons why would be a whole other topic), but why in the world are individual homeowners & neighborhood associations signing oil leases? Does anybody actually think a prospective home buyer (especially with kids) would buy a house in or near a neighborhood where fracking, excuse me, “horizontal drilling” is taking place underground? Any savvy homebuyer wouldn’t touch that with a ten foot pole. Property values will plunge with a capital P if oil activities take place near these neighborhoods.
We just relocated to the area without knowledge of the proposed fracking. I am appalled that rochester hills would allow this to occur on school property and in densely populated suburban areas. We now need to reconsider our decision to move to one of the lovely neighborhoods that may be impacted by this business. What a terrible legacy this mayor and council leave to the town’s children and residents.
We can all help by spreading the word. Majority of my Friends, and Neighbors are clueless on this issue.
Very Disappointed in our Mayor, first trying to get a Water Tanks in our community, and now with the drilling. Wonder how much money is involved and who will benefit ?
This certainly serves as a reminder about the importance of learning about those running for office, what they stand for and who is backing them for office.
I recently read in Detroit Free Press that Terry Lynn Land is received financial backing from the Koch Brothers fund. After listening the NPR’s Terry Gross program regarding the Koch brothers, their ideals would certainly not serve the cause of DDTH. This is also about our entire state.