Mockingbird Pipeline and Williams to Dismiss Lawsuit, Pay Flower Mound Legal Fees, and Drop Rule 37 Case

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Mockingbird Pipeline and Williams to Dismiss Lawsuit, Pay Flower Mound Legal Fees, and Drop Rule 37 Case

In January 2010 Mockingbird Pipeline, L.P., filed a condemnation lawsuit against the Town of Flower Mound for a 30-foot natural gas pipeline easement across Fire Station No. 2 property, located at FM 1171 and Shiloh Road. The Town vigorously resisted that effort and since that time, the Town and Mockingbird Pipeline have been engaged in multiple jurisdictional battles in the court system. Mockingbird Pipeline has agreed to drop its lawsuit against Flower Mound and pay the Town $55,000 to offset the Town’s legal costs in this matter.

“We are delighted these issues have been resolved in the Town’s favor. Even though these matters have been out of the spotlight recently, the Town’s defense of its positions has been strenuous,” said Melissa Northern, Flower Mound Mayor. “I believe both the Mockingbird lawsuit and Williams’ Rule 37 case before the Texas Railroad Commission reflect gas producers and pipeline companies are tenacious and continue to fight, no matter the cost.”

In a related matter, Williams Energy, Mockingbird Pipeline’s parent company, filed a Rule 37 case against Flower Mound with the Texas Railroad Commission in 2011. The case was filed by Williams so it could drill closer to Town property than permitted under the Railroad Commission’s rules. The Town also vigorously defended that matter, and Williams recently dropped this case as well. Mayor Northern continued discussing the efforts of pipeline companies to condemn property.

“The Mockingbird lawsuit has been pending for two years, and the Town did not cave to pressure and allow Mockingbird to install and locate a natural gas pipeline under Fire Station No. 2. It was important because the Town resisted the effort to allow pipeline companies to condemn municipal property. Had we not fought Mockingbird, the next step could have been to condemn easements on Town park property, easements under major Town thoroughfares, or even easements under Town Hall,” said Northern. “Recent history has shown us that some pipeline companies in Denton County are not respectful of private or public property rights, and therefore efforts have been undertaken to require pipeline companies to use more restraint when it comes to their condemnation powers. I hope those efforts are successful; but sometimes it is necessary to stand up and fight. The Town did so, and we were victorious. It was a long battle, but we won.”

Posted 2/09/2012.