Baker Ahles & Kaskovich

June 29, 2014

Parker County couple wins nuisance lawsuit against Titan Operating

Marcus and Laura Marsden of Aledo were awarded $36,000 in damages after a jury found that Titan Operating created a nuisance with gas wells near their home.

Homeowners have won another lawsuit over problems related to a nearby natural gas drilling operation.

On June 17, Marcus and Laura Marsden of Aledo were awarded $36,000 in damages by a Parker County jury that found Titan Operating created a nuisance with its gas wells near the couple’s home.

The Marsdens sued Titan in 2012, claiming the producer failed to respect prior representations regarding where its drill pad would be placed on a neighboring property and how the company would handle traffic and other disruptions. In a 10-2 decision, the jury found that Titan created a temporary nuisance, limiting the monetary award.

It’s the second successful nuisance suit in recent weeks in a case filed by the Claunch Law Firm in Fort Worth. In May, a Tarrant County jury awarded a Fort Worth couple $20,000 in a similar suit.

In the largest award to date on a nuisance suit in the Barnett Shale, a Dallas County jury in April awarded Wise County residents Bob and Lisa Parr $2.9 million against Plano-based Aruba Petroleum, an award recently upheld by the trial judge.

According to the latest suit, Titan drilled less than 300 feet from the Marsdens’ home, caused flooding of their property, did not use promised sound mufflers, and did not restore or properly fence the drill site. The landowner whose property was used for the drill site was also originally named in the suit but later dropped, said Kirk Claunch, who represented the Marsdens.

Representatives of Titan, now owned by Atlas Resource Partners, could not be reached for comment.

Burnett Plaza wins building management award

Burnett Plaza, a 40-story office tower on the southwest side of downtown Fort Worth, has been awarded a prestigious industry honor, being named among the nation’s most outstanding buildings.

The Burnett was named Building of the Year in the over 1 million-square-feet category of the TOBY awards, presented by the industry group, Building Owners and Managers Association, or BOMA.

The award was presented recently in Orlando. The building also received a TOBY award in 1999.

The property, which overlooks the 2-acre Burnett Park, is owned by TIER REIT, Inc. and managed by Behringer. Burnett Plaza encompasses two city blocks. It was built in 1983.

“The TOBY Awards are the most prestigious and comprehensive awards program of its kind in the commercial real estate industry,” said Michelle Lynn, BOMA Fort Worth executive director. “Burnett Plaza competed against buildings in New York, Los Angeles and Montreal, Quebec.”

About 87 buildings from nine regions, including China, were vying for the awards. The awards honor excellence in building operation management. In all, 14 top awards were presented. The buildings must meet certain criteria and undergo a comprehensive building inspection.

Cyclotron arrives at new proton radiation center

Progress on building the region’s first proton radiation therapy facility is hitting a milestone with the arrival of the center’s cyclotron. The particle accelerator that powers proton therapy is scheduled to be moved into its permanent home today.

The Texas Center for Proton Therapy, first announced in June 2011, is being built by Dallas-based Baylor Health Care System and Texas Oncology, the state's largest cancer physicians group. The $105 million facility, located at 1501 W. Royal Lane in Irving, is expected to open in early 2016.

The proton beam is able to deliver a more precise dose of radiation for treatment of certain types of cancer. There are only about a dozen such centers in the United States. The only one in Texas is located at M.D. Anderson Cancer Center in Houston.

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