Zoning: Oil and Gas Operations

摘要

An oil and gas operator obtains a variance in order to locate an oil and gas well and storage tanks on the surface of a lot adjacent to Natale's residence. Natale brings this action asserting that the operations constitute a nuisance and are in violation of the local zoning ordinance. The trial court enters a summary judgment in favor of the operator. Held: affirmed. Under Ohio law a nuisance is anything wrongfully done or permitted that unreasonably interferes with another's enjoyment of her property. A nuisance requires the plaintiff to show a real, material and substantial injury. Ohio also classifies nuisances as absolute nuisances or qualified nuisances. An absolute nuisance is analogous to a nuisance per se where negligence is not required to be proven. A qualified nuisance is analogous to a nuisance per accidens which is dependent upon a finding of negligence.