CITYOFROCHESTERHILLS

OFFICEOFTHEMAYOR

BRYANK.BARNETT,MAYOR

FORIMMEDIATERELEASE

February9,2015

Judge Dismisses Second Lawsuit Against Rochester Hills

Rochester Hills, Michigan

-For the second time in 3 months, a court has thrown out legal
challenges to the Citys oil and gas lease. On February 4, 2015, O
akland County Circuit
Court Judge Michael Warren dismissed a lawsuit over an oil and gas lease and pipeline
easement approved by the City. An earlier lawsuit, filed by Dont Drill the Hills, Inc.,
was dismissed by Oakland County Circuit Court Judge James Alexander in November
2014.
Similar to previous litigation, the plaintiff in this case claimed that the Citys 2012
approval of oil and gas lease with Jordan Development Company violated state law
and the city charter because it should have been submitted to the voters. The Court
tossed out the lawsuit, stating that the plaintiff failed to establish an actual
controversy or state a viable case against the City or its public officials.
According to the Courts Opinion, [I]t is inappropriate to involve the judiciary in
deciding public policy, not in response to a real dispute to a lawsuit from a citizen who
had simply not prevailed in the representative process of government.
The Court has also issued sanctions against the plaintiff for frivolous arguments made
during the litigation.
Rochester Hills Mayor Bryan K. Barnett was pleased that a second judge has now
agreed with the Citys position, but wanted to move forward in a positive direction.
The City has already negotiated a ban on fracking and prohibited Jordans entry onto
public premises. We are also working on ordinances that give our residents additional
protections, stated Barnett.

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