Nearly fifty community members and city leaders filed into the 91st District Court Tuesday afternoon, for the first hearing involving the controversial pipeline project that runs under Lake Leon.
Last week, landowner Jim Farrar filed -- and was granted -- a temporary restraining order against Hanlon Gas company, stopping them from doing any more work on converting the 93-year-old pipeline for active future use.
"I got a call from the pipeline company on Tuesday afternoon, telling me they were going to start excavating on Wednesday morning at 8 a.m.," Farrar explained. "And I had had previous discussions with them telling them that i was going to fight them.".
In a last-minute move just hours before Tuesday's hearing, Hanlon served Farrar with it's own suit.
"We filed for injunctive relief because we have the easements across the property in question that give us the right to maintain, repair, inspect and operate pipelines," said attorney Tom Zable.
Because of that countersuit, the judge decided to postpone Tuesday's hearing so the court could hear both cases at the same time.
Although temporarily delayed, it's a battle that's just beginning.
"That pipe runs underneath houses and buildings and I don't think anyone that wanted to maintain a pipeline out there would have allowed that to happen," Farrar said. "I think the reality is that they abandoned it 40 years ago."
Conversely, Zable said they are going to present evidence showing they have not abandoned the line -- and present Texas law to back that up.
"They're basically saying our pipeline and easements have been abandoned. You can't abandon easements first off, you can't abandon a right of way to begin with," said Zable.
For now, the restraining order has been extended for another week so both parties can review documents and claims.
The next hearing is scheduled for next Tuesday at 1 p.m.
Last week, landowner Jim Farrar filed -- and was granted -- a temporary restraining order against Hanlon Gas company, stopping them from doing any more work on converting the 93-year-old pipeline for active future use.
"I got a call from the pipeline company on Tuesday afternoon, telling me they were going to start excavating on Wednesday morning at 8 a.m.," Farrar explained. "And I had had previous discussions with them telling them that i was going to fight them.".
In a last-minute move just hours before Tuesday's hearing, Hanlon served Farrar with it's own suit.
"We filed for injunctive relief because we have the easements across the property in question that give us the right to maintain, repair, inspect and operate pipelines," said attorney Tom Zable.
Because of that countersuit, the judge decided to postpone Tuesday's hearing so the court could hear both cases at the same time.
Although temporarily delayed, it's a battle that's just beginning.
"That pipe runs underneath houses and buildings and I don't think anyone that wanted to maintain a pipeline out there would have allowed that to happen," Farrar said. "I think the reality is that they abandoned it 40 years ago."
Conversely, Zable said they are going to present evidence showing they have not abandoned the line -- and present Texas law to back that up.
"They're basically saying our pipeline and easements have been abandoned. You can't abandon easements first off, you can't abandon a right of way to begin with," said Zable.
For now, the restraining order has been extended for another week so both parties can review documents and claims.
The next hearing is scheduled for next Tuesday at 1 p.m.
