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.

Unlawfully notarized?

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.

About the Author

Kristy Foster Seachrist lives in Columbiana County raising sheep and horses. She earned her degree from Youngstown State University and has worked in both print and broadcast journalism. You can follow her on Twitter at http://twitter.com/fosterk96. More Stories by Kristy Foster Seachrist

4 Comments

1. Dean says:

   July 5, 2012 at 10:53 am

   Good! I hope all these gas companies get dinged for stealing land from good people.

   Reply
2. Don says:

   July 10, 2012 at 4:05 am

   wow..you signed it. took the money and now you want it thrown out…are you giving the money back? what if they would have used your property and given you royalties? again would you have given them back.

   must be nice to take the money and then cry and sue…

   grow up….

   even if it wasn’t completely done properly you took the money

   Reply
3. John says:

   January 2, 2013 at 2:17 pm

   I agree Don !! Give back the lease money ! Or do you want to keep the original lease money then try to re-lease it ? Sounds like a landowner trying to scam the gas company !!!!

   Reply
4. okiestorm1 says:

   January 3, 2013 at 10:14 am

   Dean how exactly did they still the land,these people signed the lease and they got paid for it..if anyone is stilling anything it’s the land owners trying to still money from the oil and gas co.

   Reply