An Aledo couple won $36,000 in damages against Titan Operating in a Parker County jury verdict that found Titan created a nuisance with its gas wells near the couple's home. Marcus and Laura Marsden sued Titan in 2012, claiming the producer failed to respect prior representations regarding were 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 on June 17, 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 First 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 property fence the drill site. The landowner whose property used for its drill site originally was also named but was later dropped, said Kirk Claunch, who represented the Marsdens. Representatives of Titan, now owned by Atlas Resource Partners, could not be reached for comment.
-- Jim Fuquay