
Gunnison Energy Corporation Agrees to Drop Damage Claims
DENVER, CO - Gunnison Energy Corporation ("GEC"), a division of
Oxbow Corporation, has announced that it has decided to voluntarily
dismiss its pending damage claim against Delta County. It is the first
step in an effort to resolve pending litigation between GEC and Delta
County.
Delta County and a number of citizens originally appealed the
decision of the Colorado Oil and Gas Conservation Commission ("COGCC"),
in the summer of 2002, to issue to GEC state permits for natural gas
exploration in Delta County. GEC filed a countersuit in Denver District
Court, claiming the County's actions in denying local land use permits
for GEC's proposed gas wells were preempted by the COGCC's authority. A
state district court judge concurred in part with GEC, and the extent
to which the County's oil and gas regulations are preempted by State
law is still being litigated. GEC also claimed that the County's denial
of GEC's application violated GEC's constitutional rights, entitling
GEC to damages. GEC has estimated those damages at $2 million. Delta
County has denied that GEC is entitled to any damages from the County.
In deciding to dismiss the damage claims, Brad Robinson,
Executive Vice President of GEC, stated that "GEC's and Oxbow's
long-term desire to work cooperatively and in a spirit of good will
with the County and its citizens was more important than pursuing a
claim for damages. Had we prevailed in Court, the damages would have
come out of the County taxpayers' pockets," Robinson said.
"Our purpose in filing these claims was to defend our rights to
conduct business on fair terms, not to impose financial hardships on or
alienate the local community," Robinson added. "Remember, we are a part
of the community, with nearly 300 GEC and Oxbow employees who live and
work in the North Fork Valley."
Robinson said Oxbow and GEC have always considered themselves
good corporate citizens. Oxbow contributes millions to the local
economy and donates tens of thousands of dollars to the public schools
in Delta County, and its employees volunteer valuable time to youth
organizations. "We look forward to resolving the remaining parts of the litigation between Delta County and GEC," Robinson said.
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