Suit seeks to void mineral-rights lease
Staff report
WARREN
A couple from Kinsman has filed a class-action lawsuit in Trumbull County Common Pleas Court asking that the lease they signed in 2006, transferring their mineral rights to North Coast Energy of Youngstown, be voided.
The lawsuit also names Enervest Operating LLC of Cleveland because, according to the suit, Enervest now owns the mineral rights to their property.
Kenneth and Martha Cole of Perkins-Greenville Road said their 2006 lease was for a period “greater than three years.”
The lease was notarized by Gale J. Burn, but Burn was not present at the time the document was signed, nor did the Coles appear before Burn to acknowledge their signature, according to the lawsuit.
Later in 2006, the Coles signed a document related to pooling and use of their mineral rights, and it purportedly was notarized by Marie E. Meredith, but Meredith also was not present when the document was signed, nor did the Coles appear before Meredith later, according to the suit.
The suit says the Coles believe the practice of having someone notarize their gas-and-oil lease documents after the fact was common among the individuals involved in their lease.
The Coles say they want the lawsuit to include all of the property owners whose leases with North Coast were notarized in this way.
North Coast Energy of Youngstown no longer has a working phone number.
Ron Whitmire, vice president and chief administrative officer for Enervest in Houston, said he was not able to comment on pending litigation.
The lawsuit was filed by Atty. John Murray of the Sandusky, Ohio, firm of Murray and Murray; and Atty. Andrew W. Suhar of the Youngstown firm Suhar and Macejko.