Two signs used by Riverdale residents and Occupiers as roadblocks to prevent Aqua America trucks from entering the property. © J.B.Pribanic
Aqua America, the company responsible for Riverdale (see video below), is at it again in Youngstown, OH.
A complaint filed on Jul. 2, 2013 with the Mahoning County Common Pleas Court requests ‘declaratory judgement’ or clarification on an 83-year-old deed for a 6 acre area of McKelvey Lake. The judgement is being requested to allow for surface access to mineral rights by Aqua America subsidiary, Aqua Infrastructure, in order to transfer the lease to a larger operator who would frack for natural gas. The complaint comes as one attempt to silence blowback from residents, who believe the deed restricts development like fracking on the McKelvey Lake property.
Aqua America is suggesting in the complaint that the original restrictions of the deed did not show intent to prevent surface use for something like a well pad.
Although, according to Public Herald review, the deed’s original intent does seem to prevent the type of development that comes with fracking, due to such language as “that it will not erect any buildings thereon except such that may be required and then only of a sightly appearance and design necessary for general water works…”
According to local reports, the battle for whether or not to drill in McKelvey Lake strikes in the heart of a middle to working class community who want to preserve the aesthetics of their surroundings, a sentiment shared by notions within the deed.
Take a look at the complaint filed below.
Complaint Filed by Aqua America
