Flower Mound Sued over Drilling Ordinance

Red Oak Gas company is suing the Town of Flower Mound because the Town has denied 15 variances to its drilling ordinance:

The Town Council meets in closed session Thursday to decide how to respond to a Denton County lawsuit by Red Oak Gas. The drilling company went to court to appeal the town's Oil and Gas Board of Appeals decision to deny 15 variances needed to drill in a high-profile location.

Red Oak is interested in drilling under 158 acres planned as an upscale development called River Walk at Central Park.

“The Town Council has consistently been supportive of Flower Mound’s current oil and gas well drilling ordinance, which attempts to balance the rights of mineral owners and the health, safety and welfare of the community,” said Mayor Jody A. Smith. “We will consider all of our legal options and respond accordingly.”

Flower Mound has until July 21 to file a response to the petition with the District Court. Legal options will be considered by the Town Council in Executive Session during the July 17 special meeting. The District Court is empowered to affirm, reverse, or modify the decision of the Board of Appeals. The District Court’s ruling can be appealed by either party to the Court of Appeals in Fort Worth and ultimately may be heard by the Texas Supreme Court.

“without reference to applicable criteria and standards, is illegal in whole or in part, constitutes an abuse of discretion, was arbitrary and capricious, causes Red Oak Gas an unnecessary hardship, is otherwise wrongful, invalid and unenforceable and should be reversed.”