WARREN, Ohio — A lawsuit filed by a Kinsman, Ohio, couple against North Coast Energy and Enervest Operating LLC could be expanded as class action on behalf of at least 40 other landowners.
Kenneth and Martha Cole, of Kinsman, filed the lawsuit in Trumbull County Common Pleas Court June 18.
According to the lawsuit, the Coles claim they signed the lease and a pooling unit document in their home July 25, 2006, in front of the North Coast Energy representative, but a notary was not present. The lease was to be for at least three years.
The documents were filed in the courthouse, but each document included a different notary’s stamp and name. The Coles claim they signed the lease, but it was not notarized in front of them, and are also accusing two notary publics of unlawfully notarizing the oil and gas leases.
Then the lease was sold in September 2009 to Enervest Energy Institutional Fund.
Since signing the lease, there has been no drilling for oil or gas on their farm.
Seeking judgment. The Coles are asking the judge for a declaratory judgment and declare the lease unenforceable since it was not notarized in front of them.
They are also asking for other leases signed by these companies and similarly notarized be declared unenforceable. In addition, they are seeking court costs and attorney fees.