Source: http://www.duncanbanner.com, May 5, 2016
By: Christian Betancourt
A Marlow couple filed a lawsuit against Butkin Oil Company L.L.C. in April claiming contamination of their land and other nuisances.
Michael and Becky Graham, through their attorneys Johnston and Associates, filed the suit at the Stephens County Courthouse April 7.
The suit alleges Butkin, who owns and operates wells, tank batteries, pipelines and other oilfield equipment at the Graham’s property did so negligently.
“(Butkin) on several occasions discharged and released oil, gas, saltwater and/or other (damaging) substances,” according to court documents. “These discharges and releases polluted the vegetation, soil, surface, subsurface and groundwater.”
According to the suit, Butkin did not “properly and adequately,” fix the contamination and created a nuisances by having exposed pipelines in the Graham’s property.
“(Butkin) has neglected to bury these pipes in accordance with the terms of its oil and gas lease,” stated the suit. “The defendant also owns a number of wells that have not produced for many years and are effectively abandoned. Defendant has neglected to properly plug these wells and restore wellsites in accordance with it’s obligations … under the law.”
These inconveniences, the suit states have created problems for the Graham’s.
“The nuisance … has unreasonably interfered, and continues to interfere with the plaintiff’s use and enjoyment of the property for personal, domestic, agricultural, farming and ranching purposes,” stated the documents. “The value of the property has been diminished. The plaintiffs have sustained losses in their agricultural operations. Plaintiffs have suffered personal annoyance, inconvenience, discomfort and other injuries as may be established by evidence presented at trial.”
No amount of money is specified in the suit.
“The plaintiffs … are entitled to damages for the reasonable cost of repairing and abating the injuries to the vegetation, soils surface, subsurface and groundwater of the property, which costs, the plaintiff’s allege, to be in a sum in excess of $75,000,” according to the suit. “The wrongful and unlawful acts of the defendant, as alleged, were intentional and malicious, or were in reckless disregard of the right of the plaintiffs … (who) are entitled to recover exemplary damages in an amount sufficient to punish and deter such conduct.”
No attorneys are listed for Butkin in the documents nor a response has been filed.