Don't Drill the Hills to Appeal Judge's Decision to Toss Lawsuit

The grassroots Don’t Drill the Hills Inc. citizens group is appealing a judge’s Nov. 4 decision to toss a lawsuit against the Rochester Hills City Council that alleged officials ignored a charter provision the group says requires a public vote before park land can be leased for oil and gas exploration.

The lawsuit sought to void the leases to Jordan Development Co. and West Bay Exploration Co. to use horizontal drilling to explore for, extract and sell oil/gas from Tienken Park, Nowicki Park and Stoney Creek Cemetery.

A 2011 resident-driven charter amendment required a public vote before city-owned parks could be sold, leased or converted to non-recreation or non-conservation uses.

In a statement, Don’t Drill the Hills said it is “very disappointed, but not surprised, by the judge’s decision, which appears to be based on politics rather than the law.”

“The judge’s brief written opinion lacks legal explanations, and instead simply contains unsupported conclusions,” the group said.

In particular, the group took issue with the judge’s conclusion that citizens have no right to vote on the issue and no right to legally challenge the city’s interpretation of charter or state law. He said the group could not even ask to have the law analyzed and interpreted.

Tell Us:

• Do you believe the city has the right to enter into such agreements, or are you on the side of Don’t Drill the Hills?

The judge based those arguments around the conclusion that “only the surface of land may constitute a park,” which Don’t Drill the Hills claims is contrary to well-established real estate principles.

Read the judge’s ruling here.

“The ruling by Judge Alexander means citizens are denied access to the courts to challenge government overreach,” the group said. “It is absurd to think that citizens cannot ask the court to have the law analyzed and interpreted. DDHI maintains we have the right to sue, and citizens have the right to vote on these issues. Additionally, the citizen taxpayers of Rochester Hills purchased and own their City parks, from top to bottom.”

Don’t Drill the Hills said it is confident its arguments will prevail in the appeals court.

“DDHI is appealing in part to defend the right of its members, but also all citizens, who need access to the courts to enforce their rights and hold their elected officials accountable under the law,” the group said.

For more information, click here.

Related:

• Judge Dismisses Rochester Hills Fracking Lawsuit
• Don’t Drill the Hills Sues Over Leases for Fracking in City Parks, Cemetery
• Rochester Hills Calls Hasty Session for Moratorium on Fracking
• Fracking Town Hall Meeting for One Community Wednesday, Drilling Lawsuit Hearing for Another
• Does Money Magazine Know About Fracking in Rochester Hills? Letter to the Editor
• Fracking Moratoriums Idle Drilling Equipment - At Least Temporarily
• Fracking: Township Officials Trying to Get Ahead of ‘Fast-Moving Train’