IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
CHAMPAIGN COUNTY, ILLINOIS
GEORGE R. STANHOPE, SALLY STANHOPE,
JEFFREY A. JARRETT, PAULA J. JARRETT,
CONNIE L. BARROWMAN, ROBERT A.
BARROWMAN, DARLA K. DEES, TODD H.
LYKINS, GINA L. LYKINS, NAOMI CROW,
KENNETH BRUEHL, MICHAEL R. KELLNER,
JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as
next friend of S.H.K., a minor, JILL E.
KELLNER as next friend of H.D.K., a minor,
HERB F. STAUFFER, LILY M. STAUFFER,
KAREN G. STAUFFER, DUANE J. FOSTER,
TERESA J. FOSTER,
Plaintiffs,
vs.
THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation,
Defendant.

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No.
Jury Demand as to Law Counts

COMPLAINT AT LAW AND IN EQUITY
NOW COME Plaintiffs, GEORGE R. STANHOPE, SALLY STANHOPE, JEFFREY A. JARRETT,
PAULA J. JARRETT, CONNIE L. BARROWMAN, ROBERT A. BARROWMAN, DARLA K. DEES, TODD H.
LYKINS, GINA L. LYKINS, NAOMI CROW, KENNETH BRUEHL, MICHAEL R. KELLNER, JILL E. KELLNER,
JILL E. KELLNER as next friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor,
JILL E. KELLNER as next friend of H.D.K., a minor, HERB F. STAUFFER, LILY M. STAUFFER, KAREN G.
STAUFFER, DUANE J. FOSTER, and TERESA J. FOSTER, by and through their attorneys, Spiros Law,
P.C., and for their Complaint at Law and in Equity, complain against Defendant, THE PEOPLES GAS
LIGHT AND COKE COMPANY, an Illinois corporation, and allege and state as follows:

 INTRODUCTION
1.

Plaintiffs complain, inter alia, of environmental contamination and polluting

events caused by the conduct and acts of Defendant, who caused discharges of natural gas and
other combustible gases and hazardous chemicals into the Mahomet Aquifer from an
underground storage facility it operates located near Mahomet, Champaign County, Illinois.
These discharges caused Plaintiffs and their property to be exposed to hazardous gases and
chemicals and caused damage to the natural resources of the environment in and around
Plaintiffs’ properties, causing Plaintiffs to incur health exposures, loss of use and enjoyment of
their property, property damage, loss of quality of life, emotional distress, financial losses, and
other damages.
ALLEGATIONS COMMON TO ALL COUNTS
Parties
2.

Plaintiffs GEORGE R. STANHOPE and SALLY STANHOPE jointly own a home and real

property located at 360 County Road 2700 North, Mahomet, Champaign County, Illinois, where
they reside. These Plaintiffs are jointly referenced hereinafter as, “the STANHOPE Family.”
3.

Plaintiffs JEFFREY A. JARRETT and PAULA J. JARRETT jointly own a home and real

property located at 77 County Road 2500 North, Mahomet, Champaign County, Illinois, where
they reside. These Plaintiffs are jointly referenced hereinafter as, “the JARRETT Family.”
4.

Plaintiffs CONNIE L. BARROWMAN and ROBERT A. BARROWMAN jointly own a

home and real property located at 369 County Road 2700 North, Mahomet, Champaign County,
Illinois, where they reside. These Plaintiffs are jointly referenced hereinafter as, “the
BARROWMAN Family.”

2

 5.

Plaintiff DARLA K. DEES owns a home and real property located at 370 County

Road 2700 North, Mahomet, Champaign County, Illinois, where she resides.
6.

Plaintiffs TODD H. LYKINS and GINA L. LYKINS jointly own a home and real property

located at 302 County Road 2650 North, Mahomet, Champaign County, Illinois, where they
reside. These Plaintiffs are jointly referenced hereinafter as, “the LYKINS Family.”
7.

Plaintiff, NAOMI CROW, owns a home and real property located at 328 County

Road 2800 North, Fisher, Champaign County, Illinois, where Plaintiff, KENNETH BRUEHL, resides.
These Plaintiffs are jointly referenced hereinafter as, “the CROW Family.”
8.

Plaintiffs MICHAEL R. KELLNER and JILL E. KELLNER jointly own a home and real

property located at 2685 County Road 350 East, Mahomet, Champaign County, Illinois, where
they reside with their minor children, L.R.K. (12 years old as of the date of filing), S.H.K. (10 years
old as of the date of filing), and H.D.K. (5 years old as of the date of filing), and bring this action
individually and on behalf of their minor children as parents and natural guardians. These
Plaintiffs are jointly referenced hereinafter as, “the KELLNER Family.”
9.

Plaintiffs HERB F. STAUFFER (84 years old as of the date of filing) and LILY M.

STAUFFER (84 years old as of the date of filing) jointly own a home and real property located at
2697 County Road 425 East, Mahomet, Champaign County, Illinois, where they reside; they also
jointly own a home and real property located at 400 County Road 2700 North, Mahomet,
Champaign County, Illinois, where Plaintiff, KAREN G. STAUFFER, resides. These Plaintiffs are
jointly referenced hereinafter as, “the STAUFFER Family.”

3

 10.

Plaintiffs DUANE J. FOSTER and TERESA J. FOSTER jointly own a home and real

property located at 401B County Road 2600 North, Mahomet, Champaign County, Illinois, where
they reside. These Plaintiffs are jointly referenced hereinafter as, “the FOSTER Family.”
11.

Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY (hereinafter,

“Defendant PEOPLES GAS”), at all times relevant to this Complaint, was and is a natural gas
provider and an Illinois corporation registered to do business throughout Illinois, with its
headquarters and principal place of business located in Chicago, Cook County, Illinois.
Background
12.

The Mahomet Aquifer provides fresh water to approximately 850,000 Illinois

residents, including Plaintiffs.
13.

The Mahomet Aquifer is part of a complex water system known as the Mahomet

Aquifer System.
14.

The Mahomet Aquifer System includes a shallower potable water source located

in Champaign County known as the Glasford Aquifer.
15.

Defendant PEOPLES GAS owns and operates Manlove Field, an underground

natural gas storage facility located in Champaign County, Illinois, wherein natural gas is stored
below the Mahomet Aquifer.
16.

Defendant PEOPLES GAS transports natural gas via an interstate pipeline from

Texas and other locations to Champaign County and injects it approximately 4,000 feet below
the surface into a saltwater aquifer known as the Mt. Simon (hereinafter, “the storage stratum”)
for the sole purpose of storage.

4

 17.

Defendant PEOPLES GAS withdraws natural gas it has stored in Champaign County

and transports it via intrastate pipeline to Chicago based on demand conditions for natural gas,
mostly during winter months.
18.

None of the natural gas stored by Defendant PEOPLES GAS in Champaign County

is distributed or used by consumers in Champaign County.
19.

The natural gas stored by Defendant PEOPLES GAS in Champaign County is located

beneath approximately 27,500 contiguous acres.
20.

Defendant PEOPLES GAS owns only a small portion of the real property beneath

which it stores approximately 36.5 billion cubic feet of natural gas.
21.

Most of the natural gas is stored beneath privately owned residential and

agricultural property, including the aforementioned real property owned by Plaintiffs.
22.

In the 1950s and 1960s, Defendant PEOPLES GAS entered into contracts entitled,

“Gas Storage Grant - Oil and Gas Lease,” with the various property owners who owned the
property below which the natural gas is stored, including the predecessors in interest to the
property owned by Plaintiffs.
23.

Defendant PEOPLES GAS, as part of its natural gas storage operation also operates

approximately 153 injection/withdraw wells along with miles of associated interconnected
pipelines, many of which are located on privately owned residential and agricultural property,
including the aforementioned real property owned by Plaintiffs.
24.

Defendant PEOPLES GAS has easements, created by way of the aforementioned

Gas Storage Grant - Oil and Gas Leases, for the purposes of the aforementioned

5

 injection/withdraw wells and pipelines that are located on privately owned residential and
agricultural property.
L. McCord #2 Blow-Out
25.

The L. McCord #2 is one of the injection/withdraw wells operated by Defendant

PEOPLES GAS located at 40.27749 N. Latitude and 88.38961 W. Longitude, in Mahomet,
Champaign County, Illinois, which was drilled and installed in 1977.
26.

Upon information and belief, a leak caused by corrosion at the deep and middle

locations of the L. McCord #2 developed many years ago, which caused natural gas and corrosive
saltwater to leak from the storage stratum into shallower strata and also to fill the annulus of the
well’s shallower casings.
27.

Upon information and belief, the aforementioned leaked natural gas (and the

corrosive bacteria it causes to form) and corrosive saltwater caused corrosion of the L. McCord
#2 well’s shallower casings.
28.

Upon information and belief, at some point prior to October 28, 2015, the L.

McCord #2 well’s shallower casings developed points of total corrosion, which began to leak
natural gas and non-potable saltwater into the Mahomet Aquifer System as well as cause the
buildup of pressure and/or natural gas in and around the well’s shallower casings.
29.

Upon information and belief, on or about October 28, 2015, the L. McCord #2

experienced a blow-out, which forced a very large amount of natural gas and non-potable
saltwater from the storage stratum to be injected into the Mahomet Aquifer System, as well as
cause a pressure event affecting the water level of the Mahomet Aquifer System.

6

 30.

Upon information and belief, the aforementioned blow-out occurred due to

multiple points of total corrosion that created a conduit between the highly-pressurized storage
stratum wherein Defendant PEOPLES GAS was storing natural gas and the shallow, low-pressure,
strata/stratum that contains the Mahomet Aquifer System.
31.

Upon information and belief, following the blow-out event on or about October

28, 2015, the L. McCord #2 continued to leak large amounts of natural gas and non-potable
saltwater directly into the Mahomet Aquifer System and other strata from the storage stratum.
32.

The longstanding leak and ultimate blow-out at the L. McCord #2 caused a large

amount of natural gas and non-potable saltwater to escape the storage stratum and leak into the
Mahomet Aquifer System, contaminating drinking water for many area homeowners and
farmers.
33.

According to a February 14, 2018, report by the Illinois State Water Survey

entitled, “Anomalous groundwater pressure responses in the Mahomet aquifer near the
Manlove Gas Storage Field,” there was an unnatural water level event in the Mahomet Aquifer
System near Manlove Field on or about October 28, 2015, where water levels rose unnaturally
high in a very short period of time (up to 50 feet in some locations), indicative of a pressure event
caused by a blow-out at the L. McCord #2.
34.

In 2017, Defendant PEOPLES GAS retained EN Engineering to compose a well

assessment report that concluded the leak at the L. McCord #2 was ultimately caused by severe
corrosion in multiple points and at multiple levels of the approximate 4,000-foot pipe running
from the surface level to the storage formation.

7

 35.

The well assessment report by EN Engineering on the cause of the failure of the L.

McCord #2 also concluded:
a. Corrosion caused metal loss to the point of failure at 6 different locations along
the piping for the L. McCord #2 well;
b. A section of the pipe that included 2 of the 6 failure locations was preserved and
analyzed, which demonstrated 8 different perforated holes in the metal caused
by corrosion;
c. Corrosion occurred because the production pipe runs 4,221 feet below the surface
into a saltwater aquifer that is extremely saline and contains sulfate-reducing
bacteria; and
d. The method for cathodic protection (a technique used to control the corrosion of
a metal surface by making it the cathode of an electrochemical cell) that was being
used at the L. McCord #2 used an insufficient amount of protective current.
Peoples Gas’ Inadequate Response To The Blow-Out
36.

On or about December 6, 2016, Defendant PEOPLES GAS, by and through one of

its employees and agents, discovered gas bubbles percolating in a puddle of water at the surface
level near the L. McCord #2 well.
37.

Upon information and belief, at no time prior to December 6, 2016, did Defendant

PEOPLES GAS take any action at all in regard to the multiple leaks that were caused by extensive
corrosion at the L. McCord #2, even though these leaks were ongoing for many years and the
well had a major blow-out event that occurred on or about October 28, 2015, to such a degree
that it changed the water level of the Mahomet Aquifer System by up to 50 feet.
38.

On or about December 14, 2016, Defendant PEOPLES GAS had a Vertilog Magnetic

Flux Leakage Inspection test (hereinafter, “Vertilog test”) performed on the L. McCord #2 that
demonstrated that there were multiple (at least 6) failure locations along the metal piping of the
well, including one at approximately the 660-foot depth (a depth where the Mahomet Aquifer

8

 System is located), one at the 1,150-foot depth, one at the 3,440-foot depth, one at the 3,500foot depth, one at the 3,550-foot depth, and one at the 3,600-foot depth.
39.

Upon information and belief, Defendant PEOPLES GAS made no attempt to

contact any government agency to report the gas leak it discovered on December 6, 2016, until
December 16, 2016.
40.

On or about December 16, 2016, Defendant PEOPLES GAS, by and through its

employee and agent Mike Jouras, called the Illinois Emergency Management Agency’s hotline
and made an oral Hazardous Materials Incident Report, reporting that there was an “unknown”
amount of “natural gas” leaked to the “air, ground” at a “fixed facility.”
41.

The aforementioned statements on or about December 16, 2016 of Defendant

PEOPLES GAS, by and through its employee and agent Mike Jouras, were misrepresentations
because at the time they were made, it knew or should have known the following:
a. That non-potable saltwater was leaked in addition to natural gas;
b. That the leak occurred underground on private property and not at a fixed facility;
and
c. That the leak was into the Mahomet Aquifer System and not just to air and ground.
42.

On or about December 16, 2016, Defendant PEOPLES GAS, by and through its

employee and agent Todd Duffield, made the following oral statements via telephone to the
Illinois EPA:
a. That it had discovered a “gas pocket” 500 feet below ground;
b. That it would “reach out to [the Illinois Department of Natural Resources] to
receive approval for gas release when they have a plan together”; and
c. That “local monitoring at nearby [water] wells [was] underway and nothing found
to date.”

9

 43.

The aforementioned statements on or about December 16, 2016, of Defendant

PEOPLES GAS, by and through its employee and agent Todd Duffield, were misrepresentations
because:
a. It never intended to seek the Illinois Department of Natural Resources’ approval
for gas release nor did it do so;
b. It had not yet engaged in any monitoring of nearby water wells;
c. It found “nothing” contaminating nearby water wells because it had not tested
any nearby water wells; and
d. Had it, in fact, done testing of nearby water wells, it would have found widespread contamination at very high levels.
44.

Upon information and belief, Defendant PEOPLES GAS voluntarily tested only one

nearby water well as part of its initial response, which was not any of the Plaintiffs’, on or about
December 19, 2015.
45.

Upon information and belief, starting on or about December 19, 2016, and at all

times thereafter, Defendant PEOPLES GAS, had actual knowledge that the drinking water from at
least one residential water well was contaminated with its own gas.
46.

Starting on or about December 22, 2016, and at all times thereafter, Defendant

PEOPLES GAS, by and through its employee and agent Thomas Davis, had written confirmation
documenting its actual knowledge that the drinking water from at least one residential water
well was contaminated with its own gas.
47.

Defendant PEOPLES GAS, even after having actual knowledge of contamination

from the only nearby residential water well tested, failed to disclose this information to any
government agency, nearby residents, or the public at large.

10

 48.

On or about January 13, 2017, Defendant PEOPLES GAS, by and through its

employee and agent Shawn Bartels, filed a written Incident Report with the U.S. Department of
Transportation Pipeline and Hazardous Materials Safety Administration that contained the
following written representations:
a. That it released an estimated 39,000,000 cubic feet of natural gas from the storage
stratum at the L. McCord #2 well site “in a formation at about 500ft deep”;
b. That the gas was leaked only on “operator-controlled property” in the area of
“belowground storage or aboveground storage vessel, including attached
appurtenance”;
c. That the incident involved a “pinhole” leak;
d. That the Potential Impact Radius for the incident was “139 feet”; and
e. That it had conducted a Cathodic Protection Survey on the L. McCord #2 in 2016.
49.

The aforementioned written statements on or about January 13, 2017, of

Defendant PEOPLES GAS, by and through its employee and agent Shawn Bartels, were
misrepresentations because:
a. It knew or should have known at the time that it had released a much larger
amount of gas than 39,000,000 cubic feet;
b. It found gas contaminating the Mahomet Aquifer System, a groundwater source,
not “a formation”;
c. It discovered the leak at the L. McCord #2, which is located on an easement on
private property and not on “operator-controlled property”;
d. It had actual knowledge, including written confirmation, that the leak was not
contained on its own property but had contaminated the drinking water found on
the property owned by the FOX Family;
e. It had actual knowledge that the corrosion that caused the leak was not a
“pinhole,” but that there were multiple (at least 6) failure locations, and that
multiple holes had formed at each failure location, with holes as large as 2 3/8
inches, based on observing the piping it removed in December 2016, and the
results of the Vertilog test it conducted on December 14, 2016;

11

 f. It had actual knowledge, including written confirmation, that it had contaminated
the drinking water found on the property owned by the FOX Family, which is over
12 times as far as “139 feet” from the L. McCord #2 well; and
g. It had not conducted a Cathodic Protection Survey on the L. McCord #2 in 2016 or
any other recent date.
50.

On or about January 23, 2017, Defendant PEOPLES GAS, by and through its

employee and agent Mike Jouras, sent a written follow-up to the Illinois Emergency Management
Agency in regard to its December 16, 2016, oral report which also failed to disclose that it had
actual knowledge (confirmed in writing) that it contaminated a nearby water well.
51.

Starting on or about February 15, 2017, and at all times thereafter, Defendant

PEOPLES GAS had written confirmation documenting its actual knowledge that the drinking water
from at least two residential water wells were contaminated with its own gas.
52.

Defendant PEOPLES GAS, even after having actual knowledge of contamination

from two nearby residential water wells tested, failed to disclose this information to any
government agency, nearby residents, or the public at large.
53.

Starting on or about March 28, 2017, and at all times thereafter, Defendant

PEOPLES GAS had written confirmation documenting its actual knowledge that the drinking water
from at least four residential water wells were contaminated with its own gas.
54.

Defendant PEOPLES GAS, even after having actual knowledge of contamination

from four nearby residential water wells tested, failed to disclose this information to any
government agency, nearby residents, or the public at large.
55.

Starting on or about March 29, 2017, and at all times thereafter, Defendant

PEOPLES GAS had written confirmation documenting its actual knowledge that the drinking water
from at least five residential water wells were contaminated with its own gas.
12

 56.

Defendant PEOPLES GAS, even after having actual knowledge of contamination

from five nearby residential water wells tested, failed to disclose this information to any
government agency, nearby resident, or the public at large.
57.

On or about April 26, 2017, an impacted homeowner contacted the Illinois

Department of Public Health and informed it that he had just learned that his drinking water had
been contaminated by Defendant PEOPLES GAS.
58.

Upon information and belief, at no time between December 19, 2016 and April

26, 2017, did Defendant PEOPLES GAS inform any government agency, nearby resident, nor the
public at large that it had contaminated the Mahomet Aquifer System.
59.

The primary component of the natural gas stored at Manlove Field is methane, a

greenhouse gas, which, according to the U.S. EPA, is (pound for pound) 86 times more damaging
to the environment than carbon dioxide (CO2).
60.

The blow-out at the L. McCord #2 caused a large amount of natural gas to escape

into the air.
61.

On or about December 21, 2016, without seeking an air permit or water disposal

permit from the Illinois EPA, and without notification to the Illinois Department of Natural
Resources, Defendant PEOPLES GAS started a venting operation at the L. McCord #2, which began
venting at least approximately 1 million cubic feet of gas per day.
62.

Between about December 21, 2016, and March 21, 2017, Defendant PEOPLES GAS

vented methane directly into the atmosphere in and around the homes of Plaintiffs.
63.

On or about March 21, 2017, the Illinois Department of Natural Resources

performed an on-site inspection of the L. McCord #2 and learned for the first time that Defendant

13

 PEOPLES GAS was conducting an unacceptable and unapproved venting operation of harmful
greenhouse gases without permission or permit, and ordered it to stop immediately.
64.

On September 14, 2017, after the actual extent of the contamination and damage

done to the Mahomet Aquifer System was brought to the attention of State regulators by
impacted residents, the Illinois Department of Natural Resources issued a Notice of Violation
against Defendant PEOPLES GAS for its illegal contamination and damage to the Mahomet
Aquifer System, and ordered it to perform remediation of the contamination and damage caused
by the blow-out.
65.

Upon information and belief, Defendant PEOPLES GAS will be unable to fully and

completely remediate the contamination and damage done to the Mahomet Aquifer System by
the L. McCord #2 blow-out.
Peoples Gas’ Statutory, Regulatory, Contractual, And Common Law Duties
66.

Defendant PEOPLES GAS obtained Permit No. 5000 dated November 18, 1977,

from the Illinois Department of Natural Resources to drill the L. McCord #2, and has maintained
it since that date as a licensed and regulated “Gas Storage Well” pursuant to the Oil and Gas Act,
225 ILCS 725, et seq., and the Illinois Department of Natural Resources’ Oil and Gas Act
Regulations, 62 Ill. Adm. Code 240, et seq.
67.

Pursuant to 62 Ill. Adm. Code 240.1852(b), which incorporates the requirements

of 62 Ill. Adm. Code 240.630(b), Defendant PEOPLES GAS was required to ensure at all times that
the L. McCord #2 and all other injection/withdrawal wells were “maintained in a leak-free
condition.”

14

 68.

Section 1.1 of the Oil and Gas Act, 225 ILCS 725/1.1, prohibits “waste,” which

Section 1 of the Oil and Gas Act, 225 ILCS 725/1, defines in pertinent part as:
(2) permitting the migration of oil, gas, or water from the stratum in which it is found into
other strata, thereby ultimately resulting in the loss of recoverable oil, gas or both;
***
(4) the unreasonable damage to underground, fresh or mineral water supply…
(5) The unnecessary or excessive surface loss or destruction of oil or gas resulting from
evaporation, seepage, leakage or fire, especially such loss or destruction incident to or
resulting from the escape of gas into the open air in excessive or unreasonable
amounts…
69.

The Environmental Protection Act, 415 ILCS 5/3.165, defines “contaminant,” as

“any solid, liquid, or gaseous matter, any odor, or any form of energy, from whatever source,”
and Section 12(a) of the Environmental Protection Act, 415 ILCS 5/12(a), provides that it is
unlawful to:
Cause or threaten or allow the discharge of any contaminants into the environment in
any State so as to cause or tend to cause water pollution in Illinois, either alone or in
combination with matter from other sources, so as to violate regulations or standards
adopted by the Pollution Control Board under this Act.
70.

Section 620 of the Illinois Pollution Control Board Public Water Supplies

Regulations, 35 Ill. Adm. Code 620.301(a), provides:
No person shall cause, threaten or allow the release of any contaminant to a resource
groundwater such that:
1) Treatment or additional treatment is necessary to continue an existing use or
to assure a potential use of such groundwater; or
2) An existing or potential use of such groundwater is precluded.
71.

The Illinois Criminal Code, 720 ILCS 5/47, et seq., makes it a criminal offense to

create a public nuisance, which it defines as including:

15

 To permit salt water, oil, gas, or other wastes from a well drilled for oil, gas, or
exploratory purposes to escape to the surface, or into a mine or coal seam, or into an
underground fresh water supply, or from one underground stratum to another. 720
ILCS 5/47-5(13).
72.

Defendant PEOPLES GAS entered into written contracts entitled, “Gas Storage

Grant - Oil and Gas Lease,” with the predecessors in interest to the property owned by Plaintiffs,
which provided in pertinent part:
Grantee shall pay Grantors or their tenants, as their respective interests may appear, for
all damages occasioned by the installation, operation, repair, maintenance, removal or
replacement of any of said facilities.
***
Grantee shall, in the course of all operations in this Agreement authorized, use due care
to protect Grantor’s water supply. In the event it is demonstrated that a source of water
supply presently used by Grantor is interrupted by Grantee’s operation, Grantee shall
provide an alternate source of water to Grantor for domestic and agricultural use during
such period as Grantor’s water supply is so interrupted.
73.

Defendant PEOPLES GAS had a duty to take reasonable precautions in the

maintenance and operation of Manlove Field to prevent unreasonable risks of harm to others
and others’ property, including Plaintiffs.
74.

Defendant PEOPLES GAS had a duty to reasonably respond to any leaks or other

unpermitted releases of natural gas and non-potable saltwater from Manlove Field to prevent
unreasonable risks of harm to others and others’ property, including Plaintiffs.
75.

Defendant PEOPLES GAS had a duty to take reasonable measures necessary to

inform any person, including Plaintiffs, about any known contamination of said person’s water
supply and/or exposure to hazardous chemicals and combustible gas related to its ownership and
operation of Manlove Field.

16

 76.

Defendant PEOPLES GAS had a duty to exercise ordinary and reasonable care to

see to it that the L. McCord #2 well, which it had custody and control over, was reasonably safe
and operating in a safe condition so as not to cause damage to those living in its vicinity and their
property, including Plaintiffs.
77.

Defendant PEOPLES GAS had a duty to perform Mechanical Integrity Testing of its

gas injection/withdrawal wells pursuant to reasonable gas and oil industry standards, which call
for such tests on each well at least every five years.
Peoples Gas’ Negligent Conduct
78.

Defendant PEOPLES GAS failed to maintain the L. McCord #2 in a leak-free

condition, in violation of 62 Ill. Adm. Code 240.1852(b) and 62 Ill. Adm. Code 240.630(b).
79.

Defendant PEOPLES GAS permitted natural gas and non-potable saltwater from

the storage stratum to migrate into the Mahomet Aquifer System, in violation of 225 ILCS
725/1(2).
80.

Defendant PEOPLES GAS permitted an unreasonable damage to the Mahomet

Aquifer System, an underground fresh water supply, in violation of 225 ILCS 725/1(4).
81.

Defendant PEOPLES GAS permitted the leakage of natural gas that resulted in

natural gas escaping into the open air in excessive or unreasonable amounts, in violation of 225
ILCS 725/1(5).
82.

Defendant PEOPLES GAS caused water contamination to the Mahomet Aquifer

System through the discharge of natural gas and non-potable saltwater from a licensed and
regulated underground gas storage field, in violation of 415 ILCS 5/12(a).

17

 83.

Defendant PEOPLES GAS caused the release of natural gas into the Mahomet

Aquifer System to the extent that treatment is necessary to continue Plaintiffs’ existing use of
this groundwater resource, in violation of 35 Ill. Adm. Code 620.301(a)(3).
84.

Defendant PEOPLES GAS caused the release of natural gas into the Mahomet

Aquifer System to the extent that Plaintiffs’ existing and potential use of this groundwater
resource is now precluded, in violation of 35 Ill. Adm. Code 620.301(a)(3).
85.

Defendant PEOPLES GAS permitted gas and non-potable saltwater to escape to

the surface, in violation of 720 ILCS 5/47-5(13).
86.

Defendant PEOPLES GAS permitted gas and non-potable saltwater to escape into

an underground fresh water supply, in violation of 720 ILCS 5/47-5(13).
87.

Defendant PEOPLES GAS permitted gas and non-potable saltwater to escape from

one underground stratum to another, in violation of 720 ILCS 5/47-5(13).
88.

Defendant PEOPLES GAS has damaged Plaintiffs’ property through the release of

natural gas and non-potable saltwater into their freshwater supply, in violation of the terms of
the Gas Storage Grant - Oil and Gas Leases.
89.

Defendant PEOPLES GAS failed to use due care to protect Plaintiffs’ water supply,

in violation of the terms of the Gas Storage Grant - Oil and Gas Leases.
90.

Defendant PEOPLES GAS knew or in the exercise of reasonable care should have

known that Manlove Field, specifically including the L. McCord #2, was operated and maintained
in such a manner that a leak or other release of natural gas and/or non-potable saltwater was
likely to occur.

18

 91.

Defendant PEOPLES GAS failed to perform Mechanical Integrity Testing of its gas

injection/withdrawal wells pursuant to reasonable gas and oil industry standards, which call for
such tests on each well at least every five (5) years.
92.

In April 1995, Defendant PEOPLES GAS performed its only Mechanical Integrity

Test of the L. McCord #2 prior to the blow-out event, 18 years after it was put into operation in
1977.
93.

From April 1995 until 2015, when the L. McCord #2 had a blow-out event, a time

span of 20 years, Defendant PEOPLES GAS failed to conduct any Mechanical Integrity Testing of
the L. McCord #2.
94.

Defendant PEOPLES GAS failed to perform Mechanical Integrity Testing of the L.

McCord #2 after 1995, even though the results of the 1995 test showed significant corrosion,
with up to 33% metal loss at certain points in the steel piping.
95.

Defendant PEOPLES GAS failed to perform Mechanical Integrity Testing of the L.

McCord #2 after 1995, even though this well was constructed with bare, unprotected steel and
Defendant PEOPLES GAS knew or should have known that the expected corrosion rate for bare,
unprotected steel is generally approximately 10 miles per year.
96.

Defendant PEOPLES GAS has failed to implement reasonable measures to prevent

natural gas leaks, demonstrated by a November 2016 survey of 76 of the injection/withdrawal
wells it operates at Manlove Field, wherein 12 wells, 16% of those studied, had leaks of natural
gas at the surface level.
97.

Defendant PEOPLES GAS failed to properly maintain a method for cathodic

protection at the L. McCord #2 by not having a proper amount of protective current.

19

 98.

Defendant PEOPLES GAS failed to properly maintain records required for an

effective method of cathodic protection by not keeping records of CP groundbeds, timelines of
their installation or any revisions thereto.
99.

Defendant PEOPLES GAS failed to perform cathodic potential profile testing to

determine levels of current on each well, including the L. McCord #2.
100.

Defendant PEOPLES GAS failed to properly perform wall loss data logging to

determine current state of the integrity of its wells.
101.

Defendant PEOPLES GAS failed to have a corrosion monitoring program to track,

trend and react to gas, liquid and corrosion rate sampling results and trends.
102.

Defendant PEOPLES GAS failed to properly disclose the extent of the

contamination and damage done to the Mahomet Aquifer System to area residents, government
regulators or affected homeowners and farmers.
103.

Defendant PEOPLES GAS failed to properly assess or investigate the extent,

location or amount of the contamination, or who was affected by the large release of
contamination, even after it was made aware of the fact of the contamination and that it had
spread to nearby water wells.
104.

Defendant PEOPLES GAS hired a public relations firm to perform “crisis

management,” to deal directly with Plaintiffs and other affected homeowners in an effort to limit
accurate and necessary information from becoming known to Plaintiffs and to the public at large.
105.

Defendant PEOPLES GAS failed to provide affected homeowners, including some

Plaintiffs, with the laboratory gas analysis results on water samples taken from their homes,
though it had promised it would do so.

20

 106.

Defendant PEOPLES GAS failed to promptly inform affected homeowners,

including some Plaintiffs, about the laboratory gas analysis results on water samples taken from
their homes.
Contaminated Drinking Water
107.

The natural gas stored at Manlove Field is composed predominantly of methane,

but also contains ethane, propane, iso-butane, n-butane, iso-pentane, n-pentane, and hexanes
+.
108.

Methane is highly flammable and an asphyxiant in enclosed spaces.

109.

According to the U.S. Department of Interior, the risk of explosion due to methane

dissolved in water in a residential home is greatest in a shower or near a clothes washing machine
because explosion risk is increased in confined areas where water is exposed and aerated in large
volumes.
110.

As such, the U.S. Department of Interior has adopted the following Recommended

Action Levels for methane dissolved in water:
a. Immediate Action at 28 ppm or greater: “A dissolved methane concentration
greater than 28 mg/L indicates that potentially explosive or flammable quantities
of the gas are being liberated in the well and/or may be liberated in confined areas
of the home. This concentration of methane should result in immediate
ventilation of the well head to the atmosphere. Additionally, methane
concentration in excess of 28 mg/L may require further mitigation and
modifications to the water supply system.”
b. Warning, Investigate at 10 ppm or greater: “When a dissolved methane
concentration exceeds 10 mg/L, it should be viewed as a warning that gas is not
only present but that the concentration may be increasing. Appropriate actions
would be to warn the occupants. This warning should include information that the
concentration of methane is above 10 mg/L, and that remediation may be prudent
to reduce the methane concentration to less than 10 mg/L. Additionally, the
warning should include a recommendation that ignition sources be removed from
the immediate area.”
21

 111.

The storage stratum is a saltwater aquifer that is non-potable because it is

extremely high in sodium, chloride, magnesium, sulfate, iron, calcium, silica, hardness and
dissolved solids.
112.

At all times relevant to this suit, Plaintiffs relied upon well water drawn from wells

located on their property for drinking water and other domestic uses, such as bathing, cooking,
washing and appliance operation.
113.

Upon information and belief, the blow-out at the injection/withdrawal well owned

and operated by Defendant PEOPLES GAS contaminated the Plaintiffs’ drinking water, property,
and soil with natural gas and non-potable saltwater, including all of the aforementioned
contaminates contained therein.
114.

Laboratory testing has demonstrated that the Mahomet Aquifer System that

services Plaintiffs’ water wells, including in and around Plaintiffs’ properties, has been
contaminated with extremely high levels of methane, up to 92 ppm, in addition to ethane,
propane, iso-butane, n-butane, iso-pentane, n-pentane and hexanes + due to the release of
thermogenic gas from Manlove Field.
115.

On or about October 20, 2017, Defendant PEOPLES GAS was ordered by a

Champaign County Circuit Court in an action brought by the Illinois Attorney General’s Office to,
“immediately distribute and continue to distribute on a regular basis bottled water to any and all
households whose water supply has been impacted.”
116.

Prior to the aforementioned court order, Defendant PEOPLES GAS had not

supplied any bottled water to any Plaintiffs.

22

 117.

At all times between October 20, 2017, the date the order was entered, and on or

about December 21, 2017, Defendant PEOPLES GAS failed to provide and/or pay for bottled
water requested by any Plaintiffs, a direct violation of the aforementioned court order.
118.

Defendant PEOPLES GAS continues to refuse to provide bottled water to the

BARROWMAN Family.
Stanhope Family
119.

Laboratory testing has demonstrated that the drinking water for the STANHOPE

Family has been contaminated with methane and ethane, in addition to increased levels of iron
and sodium.
120.

In or about October 2016, the STANHOPE Family noticed they were having

problems with their drinking water, including its quality, taste and pressure, as a result of the
contamination, though the contamination was not known to them at the time.
121.

Additionally, in or about 2017, the STANHOPE Family noticed they were having

problems with their drinking water’s smell, which was also a result of the contamination.
122.

In addition to the aforementioned domestic uses, the STANHOPE Family used well

water drawn from a well located on their property for agricultural use, namely for a vineyard,
and also for animal husbandry.
123.

At all times relevant hereto, the STANHOPE Family raised dogs for domestic use,

and continue to do so today.
124.

The dogs owned by the STANHOPE Family will not drink their water as a result of

the contamination.

23

 Jarrett Family
125.

Laboratory testing has demonstrated that the drinking water for the JARRETT

Family has been contaminated with methane and ethane.
126.

In or about 2017, the JARRETT Family noticed they were having problems with

their drinking water, including its quality, taste and pressure as a result of the contamination,
though the contamination was not known to them at the time.
127.

In addition to the aforementioned domestic uses, the JARRETT Family used well

water drawn from a well located on their property for animal husbandry.
128.

At all times relevant hereto, the JARRETT Family raised dogs and cats for domestic

use, and continue to do so today.
129.

The animals owned by the JARRETT Family will not drink their water as a result of

the contamination.
Barrowman Family
130.

Laboratory testing has demonstrated that the drinking water for the

BARROWMAN Family has been contaminated with methane and ethane, in addition to increased
levels of iron.
131.

In or about 2017, the BARROWMAN Family noticed they were having problems

with their drinking water, including its quality, taste and pressure as a result of the
contamination, though the contamination was not known to them at the time.
Darla K. Dees
132.

Laboratory testing has demonstrated that the drinking water for DARLA K. DEES

has been contaminated with methane and ethane, in addition to increased levels of iron.

24

 133.

In or about August 2017, DARLA K. DEES noticed she was having problems with

her drinking water, including its quality, taste and pressure as a result of the contamination,
though the contamination was not known to her at the time.
134.

In addition to the aforementioned domestic uses, DARLA K. DEES used well water

drawn from a well located on her property for animal husbandry.
135.

At all times relevant hereto, DARLA K. DEES raised dogs, cats, chickens and turtles

for domestic use, and continues to do so today.
136.

The animals owned by DARLA K. DEES will not drink her water as a result of the

contamination.
Lykins Family
137.

Laboratory testing has demonstrated that the drinking water for the LYKINS Family

has been contaminated with methane, ethane and propane, in addition to increased levels of
iron and sodium.
138.

In or about 2017, the LYKINS Family noticed they were having problems with their

drinking water, including its quality, taste and pressure as a result of the contamination, though
the contamination was not known to them at the time.
139.

In addition to the aforementioned domestic uses, the LYKINS Family used well

water drawn from a well located on their property for commercial use, namely for a dog-breeding
business, and for domestic animal husbandry.
140.

At all times relevant hereto, the LYKINS Family bred and raised dogs for

commercial purposes and domestic use, and continue to do so today.

25

 141.

The dogs owned by the LYKINS Family will not drink their water as a result of the

contamination.
Crow Family
142.

Laboratory testing has demonstrated that the drinking water for the CROW Family

has been contaminated with methane and ethane, in addition to increased levels of arsenic, iron,
and sodium.
143.

In or about 2017, the CROW Family noticed they were having problems with their

drinking water, including its quality, taste and pressure as a result of the contamination, though
the contamination was not known to them at the time.
144.

In addition to the aforementioned domestic uses, the CROW Family used well

water drawn from a well located on their property for animal husbandry.
145.

At all times relevant hereto, KENNETH BRUEHL raised a dog for domestic use, and

continues to do so today.
146.

The animal owned by KENNETH BRUEHL will not drink his water as a result of the

contamination.
Kellner Family
147.

Laboratory testing has demonstrated that the drinking water for the KELLNER

Family has been contaminated with methane and ethane, in addition to increased levels of
arsenic and iron.
148.

In or about 2017, the KELLNER Family noticed they were having problems with

their drinking water, including its quality, taste and pressure as a result of the contamination,
though the contamination was not known to them at the time.

26

 Stauffer Family
149.

Laboratory testing has demonstrated that the drinking water for the STAUFFER

Family has been contaminated with methane and ethane, in addition to increased levels of
arsenic and iron.
150.

In or about 2017, the STAUFFER Family noticed they were having problems with

their drinking water, including its quality, taste and pressure as a result of the contamination,
though the contamination was not known to them at the time.
151.

In addition to the aforementioned domestic uses, the STAUFFER Family used well

water drawn from a well located on their property for agricultural use, namely for farming and
animal husbandry.
Foster Family
152.

Laboratory testing has demonstrated that the drinking water for the FOSTER

Family has been contaminated with methane and ethane.
153.

In or about the summer of 2016, the FOSTER Family noticed they were having

problems with their drinking water, including its quality, taste and pressure as a result of the
contamination, though the contamination was not known to them at the time.
154.

In or about the summer of 2016, the FOSTER Family had plumbing work done and

incurred a cost for this work.
155.

Sometime thereafter, but still in or about the summer of 2016, the FOSTER Family

noticed that a water line from their water well was malfunctioning, which was a result of the
contamination, though this was not known to them at the time.

27

 156.

Sometime thereafter, but still in or about the summer of 2016, the FOSTER Family

had water well work done and incurred a cost for this work.
157.

In or about October 2017, the FOSTER Family had additional plumbing work done,

and incurred a cost for this work.
158.

In addition to the aforementioned domestic uses, the FOSTER Family used well

water drawn from a well located on their property for animal husbandry.
159.

At all times relevant hereto, the FOSTER Family raised a dog for domestic use and

continue to do so today.
160.

The animal owned by the FOSTER Family will not drink their water as a result of

the contamination.
COUNT I – NEGLIGENCE (STANHOPE FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, by and through their
attorneys, Spiros Law, P.C., and for Count I of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
161.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
162.

As a result of the aforementioned negligent acts and/or omissions, the drinking

water for the STANHOPE Family has been highly contaminated with natural gas, non-potable
saltwater and/or other chemical compounds and pollutants.

28

 163.

As a result of the aforementioned negligent acts and/or omissions, on or about

October 28, 2015, there was a sudden, calamitous and/or dangerous event, a blow-out, that
caused physical harm and property damage to the STANHOPE Family.
164.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the STANHOPE Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois Environmental Protection
Agency.
165.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the STANHOPE Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system and physical damage to their plumbing.
166.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, the
STANHOPE Family have suffered and will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, pray this Court
enter judgment against Defendant PEOPLES GAS in an amount in excess of Fifty Thousand Dollars
($50,000.00), plus costs and for any other relief as is just and proper.

29

 COUNT II – STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY (STANHOPE FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, by and through their
attorneys, Spiros Law, P.C., and for Count II of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
167.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
168.

Defendant PEOPLES GAS engaged in an ultra-hazardous activity by owning,

constructing, operating, managing and maintaining Manlove Field, a facility storing large
amounts of flammable and explosive hazardous gases, chemicals, pollutants and contaminants
in a natural formation approximately 4,000 feet below the Mahomet Aquifer System, which
supplies fresh drinking water to approximately 850,000 people, including Plaintiffs.
169.

The business of Defendant PEOPLES GAS includes storing, receiving and providing

natural gas, hazardous gases, chemicals, pollutants and other contaminants, and, thus, is
inherently and unavoidably dangerous in that its very nature involves a high degree of risk of
harm to others due to its flammable, toxic and repulsive qualities.
170.

The storage of billions of cubic feet of natural gas approximately 4,000 feet below

a freshwater supply serving approximately 850,000 people using approximately 153
injection/withdrawal wells is not a common activity.
171.

It is not appropriate to store billions of cubic feet of natural gas below a freshwater

supply serving approximately 850,000 people, nor below land occupied for residential living.

30

 172.

There is no value at all to Plaintiffs’ community in the storage of billions of cubic

feet of natural gas below their properties and their freshwater supply by Defendant PEOPLES GAS
because all of said natural gas is sold elsewhere and none is used to service their community.
173.

Defendant PEOPLES GAS’ engagement in the aforementioned ultrahazardous

activity caused the L. McCord #2 blow-out, and as a result the drinking water for the STANHOPE
Family has been highly contaminated with natural gas, non-potable saltwater and/or other
chemical compounds and pollutants.
174.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous and/or dangerous event that caused physical harm and property damage to
the STANHOPE Family.
175.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the STANHOPE Family have suffered and will
continue to suffer injury to their persons through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois Environmental Protection
Agency.
176.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the STANHOPE Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system and physical damage to their plumbing.

31

 177.

As a direct and proximate result of one or more of the aforementioned

ultrahazardous activities by Defendant PEOPLES GAS, the STANHOPE Family have suffered and
will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, pray this Court
enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount
in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT III – RES IPSA LOQUITOR (STANHOPE FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, by and through their
attorneys, Spiros Law, P.C., and for Count III of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
178.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
179.

A blow-out at an underground natural gas storage facility that releases a large

amount of contamination into groundwater that affects homeowners miles away, as happened
at the L. McCord #2, does not ordinarily occur in the absence of negligence.
180.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous and/or dangerous event that caused physical harm and property damage to
the STANHOPE Family.
181.

Defendant PEOPLES GAS had the exclusive control of Manlove Field, including the

L. McCord #2 well.
32

 182.

As a result of the aforementioned blow-out, the drinking water for the STANHOPE

Family has been highly contaminated with natural gas, non-potable saltwater and/or other
chemical compounds and pollutants.
183.

As a direct and proximate result of the aforementioned blow-out, the STANHOPE

Family have suffered and will continue to suffer injury to their persons through the ingestion of
the aforementioned offensive and harmful gases and fluids defined as “contaminants” by the
Illinois Environmental Protection Agency.
184.

As a direct and proximate result of the aforementioned blow-out, the STANHOPE

Family have suffered and will continue to suffer physical injury to their property, including the
aforementioned contamination of their drinking water, contamination of their soil and
landscape, physical damage to their water well system, and physical damage to their plumbing.
185.

As a direct and proximate result of the aforementioned blow-out, the STANHOPE

Family have suffered and will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, pray this Court
enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount
in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT IV – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (STANHOPE FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, by and through their
attorneys, Spiros Law, P.C., and for Count IV of their Complaint at Law and in Equity against

33

 Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
186.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
187.

Defendant PEOPLES GAS knew, or should have known, that its failure to exercise

reasonable care in the maintenance of Manlove Field and the L. McCord #2 well, failure to have
in place adequate protocols and procedures for public safety, and failure to properly notify those
affected by the blow-out, including the STANHOPE Family, would cause severe emotional
distress.
188.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the STANHOPE Family suffered severe
emotional distress and mental suffering and continue to suffer such distress.
WHEREFORE, Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, pray this Court
enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount
in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT V – PRIVATE NUISANCE (STANHOPE FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, by and through their
attorneys, Spiros Law, P.C., and for Count V of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:

34

 189.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
190.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air and groundwater on the property owned and occupied by the
STANHOPE Family is a private nuisance because:
a. It constitutes an unreasonable and substantial invasion of their interest in the use
and enjoyment of their land;
b. It is offensive physically to their senses and makes their life uncomfortable; and/or
c. It is in defiance of the aforementioned State laws and regulations and defined as
a public nuisance in the Illinois Criminal Code.
191.

The aforementioned past, present and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
STANHOPE Family is not a temporary violation, but ongoing, continuing, and likely permanent or
nearly permanent.
192.

Plaintiffs, the STANHOPE Family, have been damaged as a direct and/or

consequential result of the aforementioned nuisance by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home and property;
b. Discomfort from having consumed, bathed in, washed clothes with and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;

35

 f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
193.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the STANHOPE Family, and warrant
an award of punitive damages.
194.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the
STANHOPE Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, pray this Court
enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount
in excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.
COUNT VI – TRESPASS (STANHOPE FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, by and through their
attorneys, Spiros Law, P.C., and for Count VI of their Complaint at Law and in Equity against

36

 Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
195.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
196.

Defendant PEOPLES GAS trespassed by allowing natural gas, non-potable

saltwater and/or other chemical compounds and pollutants to leak from property it owned
and/or maintained, namely the L. McCord #2, which entered and intruded upon the soil, air and
groundwater on the property owned by the STANHOPE Family.
197.

This trespass to land continues to this day and is likely to continue into the future.

198.

Plaintiffs, the STANHOPE Family, have been damaged as a direct and/or

consequential result of the aforementioned trespass by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system and physical damage to their plumbing;

37

 h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
199.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the STANHOPE Family, and warrant
an award of punitive damages.
200.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the
STANHOPE Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, pray this Court
enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount
in excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.
COUNT VII – INJUNCTION (STANHOPE FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, by and through their
attorneys, Spiros Law, P.C., and for Count VII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
201.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
38

 202.

The STANHOPE Family have an interest in their right to have their soil, air and

drinking water free from contamination from natural gas, non-potable saltwater and/or other
chemical compounds and pollutants.
203.

Defendant PEOPLES GAS, through the aforementioned acts and/or omissions,

contaminated the soil, air and drinking water on the property owned and occupied by Plaintiffs,
the STANHOPE Family, with natural gas, non-potable saltwater and/or other chemical
compounds and pollutants during the course of its operation of Manlove Field.
204.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS in creating

a private nuisance and/or trespass to the property owned and occupied by the STANHOPE Family
through the contamination of their soil, air and drinking water with natural gas, non-potable
saltwater and/or other chemical compounds and pollutants was clearly wrongful and illegal.
205.

The STANHOPE Family will likely continue to be injured as a direct and/or

consequential result of the aforementioned private nuisance and/or trespass by Defendant
PEOPLES GAS, including as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
39

 g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
206.

Diminution of value of their property.
The STANHOPE Family have no other recourse to stop or limit the harmful damage

being done by the continuing and ongoing trespass and/or nuisance by Defendant PEOPLES GAS.
207.

Defendant PEOPLES GAS has had other major leaks of natural gas into the

Mahomet Aquifer System prior to the L. McCord #2 blow-out and is likely to have others in the
future.
208.

Defendant PEOPLES GAS has continued to inject large amounts of natural gas into

the ground across an approximately 27,500-acre area in Champaign County, including under the
property owned by the STANHOPE Family, even though it has demonstrated over many years an
inability to prevent the natural gas it is injecting into the ground from contaminating the
Mahomet Aquifer System, the freshwater source used by the STANHOPE Family and many others.
209.

The STANHOPE Family will suffer substantial and irreparable injury in the absence

of a permanent injunction enjoining Defendant PEOPLES GAS from injecting natural gas into the
ground at Manlove Field.
WHEREFORE, Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, pray this Court
enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, permanently
enjoining it from injecting natural gas – or any other harmful gas, chemical or fluid – into the
ground in and around the area commonly known to it as Manlove Field.

40

 COUNT VIII – BREACH OF CONTRACT (STANHOPE FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, by and through their
attorneys, Spiros Law, P.C., and for Count VIII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
210.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
211.

A document titled Gas Storage Grant - Oil and Gas Lease was recorded with the

Champaign County Recorder between Defendant PEOPLES GAS and Cleo F. Siegmund and Wilma
Brunn, the predecessors in title of the property now owned by the STANHOPE Family, in Book
668, Page 107, a true and accurate copy of which is attached hereto and incorporated herein as
“Exhibit A.”
212.

The terms and conditions of the aforementioned Gas Storage Grant - Oil and Gas

Lease continue to be binding on both Defendant PEOPLES GAS and the STANHOPE Family.
213.

Defendant PEOPLES GAS continues to enforce the provisions of the

aforementioned Gas Storage Grant - Oil and Gas Lease in regard to the rights of the STANHOPE
Family, namely through the exercise of the continued use of easements on their property with
gas pipelines and/or subsurface gas storage.
214.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease through the release of natural gas, non-potable saltwater
and/or other chemical compounds and pollutants into the freshwater supply on the property

41

 owned by the STANHOPE Family and upon which Defendant PEOPLES GAS owns, maintains and
operates gas pipelines and/or stores gas.
215.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to use due care to protect the freshwater supply on
the property owned by the STANHOPE Family and upon which Defendant PEOPLES GAS owns,
maintains and operates gas pipelines and/or stores gas.
216.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to provide the STANHOPE Family with an alternative
source of freshwater for domestic and agricultural use following its contamination of their
freshwater source.
217.

The STANHOPE Family are entitled to recover from PEOPLES GAS for all damages

reasonably foreseeable and arising from PEOPLES GAS’ breach of its contractually required duty
of care.
218.

The STANHOPE Family have been damaged as a direct and/or consequential result

of the aforementioned breach of contract by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;

42

 f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.

Diminution of value of their property.

WHEREFORE, Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, pray this Court
enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount
in excess of Fifty Thousand Dollars ($50,000.00), costs, and for any other relief as is just and
proper.
COUNT IX – RESCISSION OF CONTRACT (STANHOPE FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, by and through their
attorneys, Spiros Law, P.C., and, alternatively to Count VIII for Breach of Contract, bring Count IX
of their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
219.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
220.

Plaintiffs, the STANHOPE Family, herein repeat and re-allege paragraphs 211

through 216 of Count VIII as though fully set herein.
221.

The aforementioned breach of contract by Defendant PEOPLES GAS was a material

breach of the terms of the contract.

43

 222.

Alternatively to the relief requested in Count VIII, the STANHOPE Family seek

rescission of the aforementioned contract.
WHEREFORE, Plaintiffs, GEORGE R. STANHOPE and SALLY STANHOPE, pray this Court
enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, declaring the
Gas Storage Grant - Oil and Gas Lease between the parties is rescinded, entering an order for
restitution for damages as a result of the material breach of said contract, and for any other relief
as is just and proper.
COUNT X – NEGLIGENCE (JARRETT FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, by and through their
attorneys, Spiros Law, P.C., and for Count X of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
223.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
224.

As a result of the aforementioned negligent acts and/or omissions, the drinking

water for the JARRETT Family has been highly contaminated with natural gas, non-potable
saltwater and/or other chemical compounds and pollutants.
225.

As a result of the aforementioned negligent acts and/or omissions, on or about

October 28, 2015, there was a sudden, calamitous, and/or dangerous event, a blow-out, that
caused physical harm and property damage to the JARRETT Family.
226.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the JARRETT Family have suffered and will
44

 continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois Environmental Protection
Agency.
227.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the JARRETT Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system and physical damage to their plumbing.
228.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the JARRETT Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT XI – STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY (JARRETT FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, by and through their
attorneys, Spiros Law, P.C., and for Count XI of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:

45

 229.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
230.

Defendant PEOPLES GAS engaged in an ultra-hazardous activity by owning,

constructing, operating, managing and maintaining Manlove Field, a facility storing large
amounts of flammable and explosive hazardous gases, chemicals, pollutants and contaminants
in a natural formation approximately 4,000 feet below the Mahomet Aquifer System, which
supplies fresh drinking water to approximately 850,000 people, including Plaintiffs.
231.

The business of Defendant PEOPLES GAS includes storing, receiving, and providing

natural gas, hazardous gases, chemicals, pollutants and other contaminants, and, thus, is
inherently and unavoidably dangerous in that its very nature involves a high degree of risk of
harm to others due to its flammable, toxic and repulsive qualities.
232.

The storage of billions of cubic feet of natural gas approximately 4,000 feet below

a freshwater supply serving approximately 850,000 people using approximately 153
injection/withdrawal wells is not a common activity.
233.

It is not appropriate to store billions of cubic feet of natural gas below a freshwater

supply serving approximately 850,000 people, nor below land occupied for residential living.
234.

There is no value at all to Plaintiffs’ community in the storage of billions of cubic

feet of natural gas below their properties and their freshwater supply by Defendant PEOPLES GAS
because all of said natural gas is sold elsewhere and none is used to service their community.
235.

Defendant PEOPLES GAS’ engagement in the aforementioned ultrahazardous

activity caused the L. McCord #2 blow-out and as a result the drinking water for the JARRETT

46

 Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
236.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the JARRETT Family.
237.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the JARRETT Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
238.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the JARRETT Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
239.

As a direct and proximate result of one or more of the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the JARRETT Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.

47

 COUNT XII – RES IPSA LOQUITOR (JARRETT FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, by and through their
attorneys, Spiros Law, P.C., and for Count XII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
240.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
241.

A blow-out at an underground natural gas storage facility that releases a large

amount of contamination into groundwater that affects homeowners miles away, as happened
at the L. McCord #2, does not ordinarily occur in the absence of negligence.
242.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the JARRETT Family.
243.

Defendant PEOPLES GAS had the exclusive control of Manlove Field, including of

the L. McCord #2 well.
244.

As a result of the aforementioned blow-out, the drinking water for the JARRETT

Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
245.

As a direct and proximate result of the aforementioned blow-out, the JARRETT

Family have suffered and will continue to suffer injury to their person through the ingestion of
the aforementioned offensive and harmful gases and fluids defined as “contaminants” by the
Illinois EPA.
48

 246.

As a direct and proximate result of the aforementioned blow-out, the JARRETT

Family have suffered and will continue to suffer physical injury to their property, including the
aforementioned contamination of their drinking water, contamination of their soil and
landscape, physical damage to their water well system, and physical damage to their plumbing.
247.

As a direct and proximate result of the aforementioned blow-out, the JARRETT

Family have suffered and will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT XIII – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (JARRETT FAMILY vs. PEOPLES
GAS)
A Separate Action in Law
NOW COME Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, by and through their
attorneys, Spiros Law, P.C., and for Count XIII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
248.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
249.

Defendant PEOPLES GAS knew, or should have known, that its failure to exercise

reasonable care in the maintenance of Manlove Field and the L. McCord #2, failure to have in
place adequate protocols and procedures for public safety, and failure to properly notify those
affected by the blow-out, including the JARRETT Family, would cause severe emotional distress.

49

 250.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the JARRETT Family suffered severe emotional
distress and mental suffering and continue to suffer such distress.
WHEREFORE, Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT XIV – PRIVATE NUISANCE (JARRETT FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, by and through their
attorneys, Spiros Law, P.C., and for Count XIV of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
251.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
252.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
JARRETT Family is a private nuisance because:
a. It constitutes an unreasonable and substantial invasion of their interest in the use
and enjoyment of their land;
b. It is offensive physically to their senses and makes their life uncomfortable; and/or
c. It is in defiance of the aforementioned State laws and regulations and defined as
a public nuisance in the Illinois Criminal Code.

50

 253.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
JARRETT Family is not a temporary violation, but ongoing, continuing, and likely permanent or
nearly permanent.
254.

Plaintiffs, the JARRETT Family, have been damaged as a direct and/or

consequential result of the aforementioned nuisance by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home and property;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
255.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, constituted fraud, actual malice,

51

 and/or deliberate violence or oppression to others, including the JARRETT Family, and warrant
an award of punitive damages.
256.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the JARRETT
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.
COUNT XV – TRESPASS (JARRETT FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, by and through their
attorneys, Spiros Law, P.C., and for Count XV of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
257.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
258.

Defendant PEOPLES GAS trespassed by allowing natural gas, non-potable

saltwater, and/or other chemical compounds and pollutants to leak from property it owned
and/or maintained, namely the L. McCord #2, which entered and intrude upon the soil, air, and
groundwater on the property owned by the JARRETT Family.
259.

This trespass to land continues to this day and is likely to continue into the future.
52

 260.

Plaintiffs, the JARRETT Family, have been damaged as a direct and/or

consequential result of the aforementioned trespass by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
261.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the JARRETT Family, and warrant
an award of punitive damages.
262.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, were willful and/or with such

53

 gross negligence as to indicate a wanton disregard of the rights of others, including the JARRETT
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.
COUNT XVI – INJUNCTION (JARRETT FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, by and through their
attorneys, Spiros Law, P.C., and for Count XVI of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
263.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
264.

The JARRETT Family have an interest in their right to have their soil, air, and

drinking water free from contamination from natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
265.

Defendant PEOPLES GAS, through the aforementioned acts and/or omissions,

contaminated the soil, air, and drinking water on the property owned and occupied by Plaintiffs,
the JARRETT Family, with natural gas, non-potable saltwater, and/or other chemical compounds
and pollutants during the course of its operation of Manlove Field.
266.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS in creating

a private nuisance and/or trespass to the property owned and occupied by the JARRETT Family
54

 through the contamination of their soil, air, and drinking water with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants was clearly wrongful and illegal.
267.

The JARRETT Family will likely continue to be injured as a direct and/or

consequential result of the aforementioned private nuisance and/or trespass by Defendant
PEOPLES GAS, including as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
268.

Diminution of value of their property.
The JARRETT Family have no other recourse to stop or limit the harmful damage

being done by the continuing and ongoing trespass and/or nuisance by Defendant PEOPLES GAS.

55

 269.

Defendant PEOPLES GAS has had other major leaks of natural gas into the

Mahomet Aquifer System prior to the L. McCord #2 blow-out and is likely to have others in the
future.
270.

Defendant PEOPLES GAS has continued to inject large amounts of natural gas into

the ground across an approximately 27,500-acre area in Champaign County, including under the
property owned by the JARRETT Family, even though it has demonstrated over many years an
inability to prevent the natural gas it is injecting into the ground from contaminating the
Mahomet Aquifer System, the freshwater source used by the JARRETT Family and many others.
271.

The JARRETT Family will suffer substantial and irreparable injury in the absence of

a permanent injunction enjoining Defendant PEOPLES GAS from injecting natural gas into the
ground at Manlove Field.
WHEREFORE, Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, permanently
enjoining it from injecting natural gas – or any other harmful gas, chemical, or fluid – into the
ground in and around the area commonly known to it as Manlove Field.
COUNT XVII – BREACH OF CONTRACT (JARRETT FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, by and through their
attorneys, Spiros Law, P.C., and for Count XVII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
272.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
56

 273.

A document titled Gas Storage Grant - Oil and Gas Lease was recorded, between

Defendant PEOPLES GAS and G.E. Wisegarver, individually and as Trustee for the Estate of Smith
Wisegarver, deceased, and Marion Wisegarver, the predecessors in title of the property now
owned by the JARRETT Family, in Book 673, Page 523, a true and accurate copy of which is
attached hereto and incorporated herein as “Exhibit B.”
274.

The terms and conditions of the aforementioned Gas Storage Grant - Oil and Gas

Lease continue to be binding on both Defendant PEOPLES GAS and the JARRETT Family.
275.

Defendant PEOPLES GAS continues to enforce the provisions of the

aforementioned Gas Storage Grant - Oil and Gas Lease in regard to the rights of the JARRETT
Family, namely through the exercise of the continued use of easements on their property with
gas pipelines and/or subsurface gas storage.
276.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease through the release of natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants into the freshwater supply on the property
owned by the JARRETT Family and upon which Defendant PEOPLES GAS owns, maintains, and
operates gas pipelines and/or stores gas.
277.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to use due care to protect the freshwater supply on
the property owned by the JARRETT Family and upon which Defendant PEOPLES GAS owns,
maintains, and operates gas pipelines and/or stores gas.
278.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to provide the JARRETT Family with an alternative

57

 source of freshwater for domestic and agricultural use following its contamination of their
freshwater source.
279.

The JARRETT Family are entitled to recover from PEOPLES GAS for all damages

reasonably foreseeable and arising from PEOPLES GAS’ breach of its contractual-required duty of
care.
280.

The JARRETT Family have been damaged as a direct and/or consequential result

of the aforementioned breach of contract by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.

Diminution of value of their property.

58

 WHEREFORE, Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), costs, and for any other relief as is just and proper.
COUNT XVIII – RESCISSION OF CONTRACT (JARRETT FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, by and through their
attorneys, Spiros Law, P.C., and, alternatively to Count XVII for Breach of Contract, bring Count
XVIII of their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND
COKE COMPANY, an Illinois corporation, allege and state as follows:
281.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
282.

Plaintiffs, the JARRETT Family, herein repeat and re-allege paragraphs 273 through

278 of Count XVII as though fully set herein.
283.

The aforementioned breach of contract by Defendant PEOPLES GAS was a material

breach of the terms of the contract.
284.

Alternatively to the relief requested in Count XVII, the JARRETT Family seek

rescission of the aforementioned contract.
WHEREFORE, Plaintiffs, JEFFREY A. JARRETT and PAULA J. JARRETT, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, declaring the Gas
Storage Grant - Oil and Gas Lease between the parties is rescinded, entering an order for
restitution for damages as a result of the material breach of said contract, and for any other relief
as is just and proper.

59

 COUNT XIX – NEGLIGENCE (BARROWMAN FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, by and
through their attorneys, Spiros Law, P.C., and for Count XIX of their Complaint at Law and in
Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
allege and state as follows:
285.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 2

through 160 of the Allegations Common To All Counts as though fully set herein.
286.

As a result of the aforementioned negligent acts and/or omissions, the drinking

water for the BARROWMAN Family has been highly contaminated with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants.
287.

As a result of the aforementioned negligent acts and/or omissions, on or about

October 28, 2015, there was a sudden, calamitous, and/or dangerous event, a blow-out, that
caused physical harm and property damage to the BARROWMAN Family.
288.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the BARROWMAN Family have suffered and
will continue to suffer injury to their person through the ingestion of the aforementioned
offensive and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
289.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the BARROWMAN Family have suffered and
will continue to suffer physical injury to their property, including the aforementioned
contamination of their drinking water, contamination of their soil and landscape, physical
damage to their water well system, and physical damage to their plumbing.
60

 290.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the BARROWMAN Family have suffered and
will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, pray this
Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an
amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is
just and proper.
COUNT XX – STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY (BARROWMAN FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, by and
through their attorneys, Spiros Law, P.C., and for Count XX of their Complaint at Law and in Equity
against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege
and state as follows:
291.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 2

through 160 of the Allegations Common To All Counts as though fully set herein.
292.

Defendant PEOPLES GAS engaged in an ultra-hazardous activity by owning,

constructing, operating, managing, and maintaining Manlove Field, a facility storing large
amounts of flammable and explosive hazardous gases, chemicals, pollutants and contaminants
in a natural formation approximately 4,000 feet below the Mahomet Aquifer System, which
supplies fresh drinking water to approximately 850,000 people, including Plaintiffs.
293.

The business of Defendant PEOPLES GAS includes storing, receiving, and providing

natural gas, hazardous gases, chemicals, pollutants and other contaminants, and, thus, is

61

 inherently and unavoidably dangerous in that its very nature involves a high degree of risk of
harm to others due to its flammable, toxic, and repulsive qualities.
294.

The storage of billions of cubic feet of natural gas approximately 4,000 feet below

a freshwater supply serving approximately 850,000 people using approximately 153
injection/withdrawal wells is not a common activity.
295.

It is not appropriate to store billions of cubic feet of natural gas below a freshwater

supply serving approximately 850,000 people; nor, below land occupied for residential living.
296.

There is no value at all to Plaintiffs’ community in the storage of billions of cubic

feet of natural gas below their properties and their freshwater supply by Defendant PEOPLES GAS
because all of said natural gas is sold elsewhere and none is used to service their community.
297.

Defendant PEOPLES GAS’ engagement in the aforementioned ultrahazardous

activity caused the L. McCord #2 blow-out and as a result the drinking water for the
BARROWMAN Family has been highly contaminated with natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants.
298.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the BARROWMAN Family.
299.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the BARROWMAN Family have suffered and
will continue to suffer injury to their person through the ingestion of the aforementioned
offensive and harmful gases and fluids defined as “contaminants” by the Illinois EPA.

62

 300.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the BARROWMAN Family have suffered and
will continue to suffer physical injury to their property, including the aforementioned
contamination of their drinking water, contamination of their soil and landscape, physical
damage to their water well system, and physical damage to their plumbing.
301.

As a direct and proximate result of one or more of the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the BARROWMAN Family have suffered and
will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, pray this
Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an
amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is
just and proper.
COUNT XXI – RES IPSA LOQUITOR (BARROWMAN FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, by and
through their attorneys, Spiros Law, P.C., and for Count XXI of their Complaint at Law and in
Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
allege and state as follows:
302.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 2

through 160 of the Allegations Common To All Counts as though fully set herein.
303.

A blow-out at an underground natural gas storage facility that releases a large

amount of contamination into groundwater that affects homeowners miles away, as happened
at the L. McCord #2, does not ordinarily occur in the absence of negligence.
63

 304.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the BARROWMAN Family.
305.

Defendant PEOPLES GAS had the exclusive control of Manlove Field, including of

the L. McCord #2 well.
306.

As a result of the aforementioned blow-out, the drinking water for the

BARROWMAN Family has been highly contaminated with natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants.
307.

As a direct and proximate result of the aforementioned blow-out, the

BARROWMAN Family have suffered and will continue to suffer injury to their person through the
ingestion of the aforementioned offensive and harmful gases and fluids defined as
“contaminants” by the Illinois EPA.
308.

As a direct and proximate result of the aforementioned blow-out, the

BARROWMAN Family have suffered and will continue to suffer physical injury to their property,
including the aforementioned contamination of their drinking water, contamination of their soil
and landscape, physical damage to their water well system, and physical damage to their
plumbing.
309.

As a direct and proximate result of the aforementioned blow-out, the

BARROWMAN Family have suffered and will continue to suffer diminution of value of their
property.
WHEREFORE, Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, pray this
Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an

64

 amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is
just and proper.
COUNT XXII – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (BARROWMAN FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, by and
through their attorneys, Spiros Law, P.C., and for Count XXII of their Complaint at Law and in
Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
allege and state as follows:
310.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 2

through 160 of the Allegations Common To All Counts as though fully set herein.
311.

Defendant PEOPLES GAS knew, or should have known, that its failure to exercise

reasonable care in the maintenance of Manlove Field and the L. McCord #2, failure to have in
place adequate protocols and procedures for public safety, and failure to properly notify those
affected by the blow-out, including the BARROWMAN Family, would cause severe emotional
distress.
312.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the BARROWMAN Family suffered severe
emotional distress and mental suffering and continue to suffer such distress.
WHEREFORE, Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, pray this
Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an
amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is
just and proper.

65

 COUNT XXIII – PRIVATE NUISANCE (BARROWMAN FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, by and
through their attorneys, Spiros Law, P.C., and for Count XXIII of their Complaint at Law and in
Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
allege and state as follows:
313.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 2

through 160 of the Allegations Common To All Counts as though fully set herein.
314.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
BARROWMAN Family is a private nuisance because:
a. It constitutes an unreasonable and substantial invasion of their interest in the use
and enjoyment of their land;
b. It is offensive physically to their senses and makes their life uncomfortable; and/or
c. It is in defiance of the aforementioned State laws and regulations and defined as
a public nuisance in the Illinois Criminal Code.
315.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
BARROWMAN Family is not a temporary violation, but ongoing, continuing, and likely permanent
or nearly permanent.
316.

Plaintiffs, the BARROWMAN Family, have been damaged as a direct and/or

consequential result of the aforementioned nuisance by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home and property;

66

 b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
317.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the BARROWMAN Family, and
warrant an award of punitive damages.
318.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the
BARROWMAN Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, pray this
Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an

67

 amount in excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for
any other relief as is just and proper.
COUNT XXIV – TRESPASS (BARROWMAN FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, by and
through their attorneys, Spiros Law, P.C., and for Count XXIV of their Complaint at Law and in
Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
allege and state as follows:
319.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 2

through 160 of the Allegations Common To All Counts as though fully set herein.
320.

Defendant PEOPLES GAS trespassed by allowing natural gas, non-potable

saltwater, and/or other chemical compounds and pollutants to leak from property it owned
and/or maintained, namely the L. McCord #2, which entered and intrude upon the soil, air, and
groundwater on the property owned by the BARROWMAN Family.
321.

This trespass to land continues to this day and is likely to continue into the future.

322.

Plaintiffs, the BARROWMAN Family, have been damaged as a direct and/or

consequential result of the aforementioned trespass by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;

68

 e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
323.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the BARROWMAN Family, and
warrant an award of punitive damages.
324.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the
BARROWMAN Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, pray this
Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an
amount in excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for
any other relief as is just and proper.

69

 COUNT XXV – INJUNCTION (BARROWMAN FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, by and
through their attorneys, Spiros Law, P.C., and for Count XXV of their Complaint at Law and in
Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
allege and state as follows:
325.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 2

through 160 of the Allegations Common To All Counts as though fully set herein.
326.

The BARROWMAN Family have an interest in their right to have their soil, air, and

drinking water free from contamination from natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
327.

Defendant PEOPLES GAS, through the aforementioned acts and/or omissions,

contaminated the soil, air, and drinking water on the property owned and occupied by Plaintiffs,
the BARROWMAN Family, with natural gas, non-potable saltwater, and/or other chemical
compounds and pollutants during the course of its operation of Manlove Field.
328.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS in creating

a private nuisance and/or trespass to the property owned and occupied by the BARROWMAN
Family through the contamination of their soil, air, and drinking water with natural gas, nonpotable saltwater, and/or other chemical compounds and pollutants was clearly wrongful and
illegal.
329.

The BARROWMAN Family will likely continue to be injured as a direct and/or

consequential result of the aforementioned private nuisance and/or trespass by Defendant
PEOPLES GAS, including as follows:
70

 a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
330.

Diminution of value of their property.
The BARROWMAN Family have no other recourse to stop or limit the harmful

damage being done by the continuing and ongoing trespass and/or nuisance by Defendant
PEOPLES GAS.
331.

Defendant PEOPLES GAS has had other major leaks of natural gas into the

Mahomet Aquifer System prior to the L. McCord #2 blow-out and is likely to have others in the
future.
332.

Defendant PEOPLES GAS has continued to inject large amounts of natural gas into

the ground across an approximately 27,500-acre area in Champaign County, including under the
property owned by the BARROWMAN Family, even though it has demonstrated over many years

71

 an inability to prevent the natural gas it is injecting into the ground from contaminating the
Mahomet Aquifer System, the freshwater source used by the BARROWMAN Family and many
others.
333.

The BARROWMAN Family will suffer substantial and irreparable injury in the

absence of a permanent injunction enjoining Defendant PEOPLES GAS from injecting natural gas
into the ground at Manlove Field.
WHEREFORE, Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, pray this
Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY,
permanently enjoining it from injecting natural gas – or any other harmful gas, chemical, or fluid
– into the ground in and around the area commonly known to it as Manlove Field.
COUNT XXVI – BREACH OF CONTRACT (BARROWMAN FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, by and
through their attorneys, Spiros Law, P.C., and for Count XXVI of their Complaint at Law and in
Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
allege and state as follows:
334.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 2

through 160 of the Allegations Common To All Counts as though fully set herein.
335.

A document titled Gas Storage Grant - Oil and Gas Lease was recorded, between

Defendant PEOPLES GAS and Lulu Kuhns, the predecessor in title of the property now owned by
the BARROWMAN Family, in Book 807, Page 82, a true and accurate copy of which is attached
hereto and incorporated herein as “Exhibit C.”

72

 336.

The terms and conditions of the aforementioned Gas Storage Grant - Oil and Gas

Lease continue to be binding on both Defendant PEOPLES GAS and the BARROWMAN Family.
337.

Defendant PEOPLES GAS continues to enforce the provisions of the

aforementioned Gas Storage Grant - Oil and Gas Lease in regard to the rights of the BARROWMAN
Family, namely through the exercise of the continued use of easements on their property with
gas pipelines and/or subsurface gas storage.
338.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease through the release of natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants into the freshwater supply on the property
owned by the BARROWMAN Family and upon which Defendant PEOPLES GAS owns, maintains,
and operates gas pipelines and/or stores gas.
339.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to use due care to protect the freshwater supply on
the property owned by the BARROWMAN Family and upon which Defendant PEOPLES GAS owns,
maintains, and operates gas pipelines and/or stores gas.
340.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to provide the BARROWMAN Family with an
alternative source of freshwater for domestic and agricultural use following its contamination of
their freshwater source.
341.

The BARROWMAN Family are entitled to recover from PEOPLES GAS for all

damages reasonably foreseeable and arising from PEOPLES GAS’ breach of its contractualrequired duty of care.

73

 342.

The BARROWMAN Family have been damaged as a direct and/or consequential

result of the aforementioned breach of contract by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.

Diminution of value of their property.

WHEREFORE, Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, pray this
Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an
amount in excess of Fifty Thousand Dollars ($50,000.00), costs, and for any other relief as is just
and proper.

74

 COUNT XXVII – RESCISSION OF CONTRACT (BARROWMAN FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, by and
through their attorneys, Spiros Law, P.C., and, alternatively to Count XXVI for Breach of Contract,
bring Count XXVII of their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS
LIGHT AND COKE COMPANY, an Illinois corporation, allege and state as follows:
343.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 2

through 160 of the Allegations Common To All Counts as though fully set herein.
344.

Plaintiffs, the BARROWMAN Family, herein repeat and re-allege paragraphs 335

through 340 of Count XXVI as though fully set herein.
345.

The aforementioned breach of contract by Defendant PEOPLES GAS was a material

breach of the terms of the contract.
346.

Alternatively to the relief requested in Count XXVI, the BARROWMAN Family seek

rescission of the aforementioned contract.
WHEREFORE, Plaintiffs, CONNIE L. BARROWMAN and ROBERT A. BARROWMAN, pray this
Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY,
declaring the Gas Storage Grant - Oil and Gas Lease between the parties is rescinded, entering an
order for restitution for damages as a result of the material breach of said contract, and for any
other relief as is just and proper.

75

 COUNT XXVIII – NEGLIGENCE (DARLA K. DEES vs. PEOPLES GAS)
A Separate Action in Law
NOW COMES Plaintiff, DARLA K. DEES, by and through her attorneys, Spiros Law, P.C., and
for Count XXVIII of her Complaint at Law and in Equity against Defendant, THE PEOPLES GAS
LIGHT AND COKE COMPANY, an Illinois corporation, alleges and states as follows:
347.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
348.

As a result of the aforementioned negligent acts and/or omissions, the drinking

water for DARLA K. DEES has been highly contaminated with natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants.
349.

As a result of the aforementioned negligent acts and/or omissions, on or about

October 28, 2015, there was a sudden, calamitous, and/or dangerous event, a blow-out, that
caused physical harm and property damage to DARLA K. DEES.
350.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, DARLA K. DEES has suffered and will continue
to suffer injury to her person through the ingestion of the aforementioned offensive and harmful
gases and fluids defined as “contaminants” by the Illinois EPA.
351.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, DARLA K. DEES has suffered and will continue
to suffer physical injury to her property, including the aforementioned contamination of her
drinking water, contamination of her soil and landscape, physical damage to her water well
system, and physical damage to her plumbing.

76

 352.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, DARLA K. DEES has suffered and will continue
to suffer diminution of value of her property.
WHEREFORE, Plaintiff, DARLA K. DEES, prays this Court enter judgment against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty
Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and proper.
COUNT XXIX – STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY (DARLA K. DEES vs.
PEOPLES GAS)
A Separate Action in Law
NOW COMES Plaintiff, DARLA K. DEES, by and through her attorneys, Spiros Law, P.C., and
for Count XXIX of her Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT
AND COKE COMPANY, an Illinois corporation, alleges and states as follows:
353.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
354.

Defendant PEOPLES GAS engaged in an ultra-hazardous activity by owning,

constructing, operating, managing, and maintaining Manlove Field, a facility storing large
amounts of flammable and explosive hazardous gases, chemicals, pollutants and contaminants
in a natural formation approximately 4,000 feet below the Mahomet Aquifer System, which
supplies fresh drinking water to approximately 850,000 people, including Plaintiffs.
355.

The business of Defendant PEOPLES GAS includes storing, receiving, and providing

natural gas, hazardous gases, chemicals, pollutants and other contaminants, and, thus, is
inherently and unavoidably dangerous in that its very nature involves a high degree of risk of
harm to others due to its flammable, toxic, and repulsive qualities.

77

 356.

The storage of billions of cubic feet of natural gas approximately 4,000 feet below

a freshwater supply serving approximately 850,000 people using approximately 153
injection/withdrawal wells is not a common activity.
357.

It is not appropriate to store billions of cubic feet of natural gas below a freshwater

supply serving approximately 850,000 people; nor, below land occupied for residential living.
358.

There is no value at all to Plaintiffs’ community in the storage of billions of cubic

feet of natural gas below their properties and their freshwater supply by Defendant PEOPLES GAS
because all of said natural gas is sold elsewhere and none is used to service their community.
359.

Defendant PEOPLES GAS’ engagement in the aforementioned ultrahazardous

activity caused the L. McCord #2 blow-out and as a result the drinking water for DARLA K. DEES
has been highly contaminated with natural gas, non-potable saltwater, and/or other chemical
compounds and pollutants.
360.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
DARLA K. DEES.
361.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, DARLA K. DEES has suffered and will continue
to suffer injury to her person through the ingestion of the aforementioned offensive and harmful
gases and fluids defined as “contaminants” by the Illinois EPA.
362.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, DARLA K. DEES has suffered and will continue
to suffer physical injury to her property, including the aforementioned contamination of her

78

 drinking water, contamination of her soil and landscape, physical damage to her water well
system, and physical damage to her plumbing.
363.

As a direct and proximate result of one or more of the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, DARLA K. DEES has suffered and will continue
to suffer diminution of value of her property.
WHEREFORE, Plaintiff, DARLA K. DEES, prays this Court enter judgment against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty
Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and proper.
COUNT XXX – RES IPSA LOQUITOR (DARLA K. DEES vs. PEOPLES GAS)
A Separate Action in Law
NOW COMES Plaintiff, DARLA K. DEES, by and through her attorneys, Spiros Law, P.C., and
for Count XXX of her Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT
AND COKE COMPANY, an Illinois corporation, alleges and states as follows:
364.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
365.

A blow-out at an underground natural gas storage facility that releases a large

amount of contamination into groundwater that affects homeowners miles away, as happened
at the L. McCord #2, does not ordinarily occur in the absence of negligence.
366.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
DARLA K. DEES.
367.

Defendant PEOPLES GAS had the exclusive control of Manlove Field, including of

the L. McCord #2 well.
79

 368.

As a result of the aforementioned blow-out, the drinking water for DARLA K. DEES

has been highly contaminated with natural gas, non-potable saltwater, and/or other chemical
compounds and pollutants.
369.

As a direct and proximate result of the aforementioned blow-out, DARLA K. DEES

has suffered and will continue to suffer injury to her person through the ingestion of the
aforementioned offensive and harmful gases and fluids defined as “contaminants” by the Illinois
EPA.
370.

As a direct and proximate result of the aforementioned blow-out, DARLA K. DEES

has suffered and will continue to suffer physical injury to her property, including the
aforementioned contamination of her drinking water, contamination of her soil and landscape,
physical damage to her water well system, and physical damage to her plumbing.
371.

As a direct and proximate result of the aforementioned blow-out, the DARLA K.

DEES has suffered and will continue to suffer diminution of value of her property.
WHEREFORE, Plaintiff, DARLA K. DEES, prays this Court enter judgment against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty
Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and proper.
COUNT XXXI – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (DARLA K. DEES vs. PEOPLES
GAS)
A Separate Action in Law
NOW COMES Plaintiff, DARLA K. DEES, by and through her attorneys, Spiros Law, P.C., and
for Count XXXI of her Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT
AND COKE COMPANY, an Illinois corporation, alleges and states as follows:

80

 372.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
373.

Defendant PEOPLES GAS knew, or should have known, that its failure to exercise

reasonable care in the maintenance of Manlove Field and the L. McCord #2, failure to have in
place adequate protocols and procedures for public safety, and failure to properly notify those
affected by the blow-out, including DARLA K. DEES, would cause severe emotional distress.
374.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, DARLA K. DEES suffered severe emotional
distress and mental suffering and continue to suffer such distress.
WHEREFORE, Plaintiff, DARLA K. DEES, prays this Court enter judgment against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty
Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and proper.
COUNT XXXII – PRIVATE NUISANCE (DARLA K. DEES vs. PEOPLES GAS)
A Separate Action in Law
NOW COMES Plaintiff, DARLA K. DEES, by and through her attorneys, Spiros Law, P.C., and
for Count XXXII of her Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT
AND COKE COMPANY, an Illinois corporation, alleges and states as follows:
375.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
376.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by DARLA K.
DEES is a private nuisance because:

81

 a. It constitutes an unreasonable and substantial invasion of her interest in the use
and enjoyment of her land;
b. It is offensive physically to her senses and makes her life uncomfortable; and/or
c. It is in defiance of the aforementioned State laws and regulations and defined as
a public nuisance in the Illinois Criminal Code.
377.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by DARLA K.
DEES is not a temporary violation, but ongoing, continuing, and likely permanent or nearly
permanent.
378.

Plaintiff, DARLA K. DEES, has been damaged as a direct and/or consequential

result of the aforementioned nuisance by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of her home and property;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in her home;
e. Injury to her person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to her person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to her property, including the aforementioned contamination of
her drinking water, contamination of her soil and landscape, physical damage to
her water well system, and physical damage to her plumbing;
h. Physical invasion to her property, including the aforementioned physical invasion
to her drinking water and physical invasion to her soil and landscape; and/or
i.

Diminution of value of her property.
82

 379.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including DARLA K. DEES, and warrant an
award of punitive damages.
380.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including DARLA K.
DEES, and warrant an award of punitive damages.
WHEREFORE, Plaintiff, DARLA K. DEES, prays this Court enter judgment against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty
Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other relief as is just
and proper.
COUNT XXXIII – TRESPASS (DARLA K. DEES vs. PEOPLES GAS)
A Separate Action in Law
NOW COMES Plaintiff, DARLA K. DEES, by and through her attorneys, Spiros Law, P.C., and
for Count XXXIII of her Complaint at Law and in Equity against Defendant, THE PEOPLES GAS
LIGHT AND COKE COMPANY, an Illinois corporation, alleges and states as follows:
381.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
382.

Defendant PEOPLES GAS trespassed by allowing natural gas, non-potable

saltwater, and/or other chemical compounds and pollutants to leak from property it owned
and/or maintained, namely the L. McCord #2, which entered and intrude upon the soil, air, and
groundwater on the property owned by DARLA K. DEES.
83

 383.

This trespass to land continues to this day and is likely to continue into the future.

384.

Plaintiff, DARLA K. DEES, has been damaged as a direct and/or consequential

result of the aforementioned trespass by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of her home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to her person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to her person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to her property, including the aforementioned contamination of
their drinking water, contamination of her soil and landscape, physical damage to
her water well system, and physical damage to her plumbing;
h. Physical invasion to her property, including the aforementioned physical invasion
to her drinking water and physical invasion to her soil and landscape; and/or
i.
385.

Diminution of value of her property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including DARLA K. DEES, and warrant an
award of punitive damages.
386.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, were willful and/or with such

84

 gross negligence as to indicate a wanton disregard of the rights of others, including DARLA K.
DEES, and warrant an award of punitive damages.
WHEREFORE, Plaintiff, DARLA K. DEES, prays this Court enter judgment against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty
Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other relief as is just
and proper.
COUNT XXXIV – INJUNCTION (DARLA K. DEES vs. PEOPLES GAS)
A Separate Action in Equity
NOW COMES Plaintiff, DARLA K. DEES, by and through their attorneys, Spiros Law, P.C.,
and for Count XXXIV of their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS
LIGHT AND COKE COMPANY, an Illinois corporation, alleges and states as follows:
387.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
388.

DARLA K. DEES has an interest in her right to have her soil, air, and drinking water

free from contamination from natural gas, non-potable saltwater, and/or other chemical
compounds and pollutants.
389.

Defendant PEOPLES GAS, through the aforementioned acts and/or omissions,

contaminated the soil, air, and drinking water on the property owned and occupied by Plaintiff,
DARLA K. DEES, with natural gas, non-potable saltwater, and/or other chemical compounds and
pollutants during the course of its operation of Manlove Field.
390.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS in creating

a private nuisance and/or trespass to the property owned and occupied by DARLA K. DEES

85

 through the contamination of her soil, air, and drinking water with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants was clearly wrongful and illegal.
391.

DARLA K. DEES will likely continue to be injured as a direct and/or consequential

result of the aforementioned private nuisance and/or trespass by Defendant PEOPLES GAS,
including as follows:
a. Deprivation of the use and enjoyment of her home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to her person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to her person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to her property, including the aforementioned contamination of
her drinking water, contamination of her soil and landscape, physical damage to
her water well system, and physical damage to her plumbing;
h. Physical invasion to her property, including the aforementioned physical invasion
to her drinking water and physical invasion to her soil and landscape; and/or
i.
392.

Diminution of value of her property.
DARLA K. DEES has no other recourse to stop or limit the harmful damage being

done by the continuing and ongoing trespass and/or nuisance by Defendant PEOPLES GAS.

86

 393.

Defendant PEOPLES GAS has had other major leaks of natural gas into the

Mahomet Aquifer System prior to the L. McCord #2 blow-out and is likely to have others in the
future.
394.

Defendant PEOPLES GAS has continued to inject large amounts of natural gas into

the ground across an approximately 27,500-acre area in Champaign County, including under the
property owned by DARLA K. DEES, even though it has demonstrated over many years an inability
to prevent the natural gas it is injecting into the ground from contaminating the Mahomet
Aquifer System, the freshwater source used by DARLA K. DEES and many others.
395.

DARLA K. DEES will suffer substantial and irreparable injury in the absence of a

permanent injunction enjoining Defendant PEOPLES GAS from injecting natural gas into the
ground at Manlove Field.
WHEREFORE, Plaintiff, DARLA K. DEES, prays this Court enter judgment against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, permanently enjoining it from
injecting natural gas – or any other harmful gas, chemical, or fluid – into the ground in and around
the area commonly known to it as Manlove Field.
COUNT XXXV – BREACH OF CONTRACT (DARLA K. DEES vs. PEOPLES GAS)
A Separate Action in Law
NOW COMES Plaintiff, DARLA K. DEES, by and through her attorneys, Spiros Law, P.C., and
for Count XXXV of her Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT
AND COKE COMPANY, an Illinois corporation, alleges and states as follows:
396.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.

87

 397.

A document titled Gas Storage Grant - Oil and Gas Lease was recorded, between

Defendant PEOPLES GAS and Cleo F. Siegmund and Wilma Brunn, the predecessors in title of the
property now owned by DARLA K. DEES, in Book 668, 107, a true and accurate copy of which is
attached hereto and incorporated herein as “Exhibit A.”
398.

The terms and conditions of the aforementioned Gas Storage Grant - Oil and Gas

Lease continue to be binding on both Defendant PEOPLES GAS and DARLA K. DEES.
399.

Defendant PEOPLES GAS continues to enforce the provisions of the

aforementioned Gas Storage Grant - Oil and Gas Lease in regard to the rights of DARLA K. DEES,
namely through the exercise of the continued use of easements on their property with gas
pipelines and/or subsurface gas storage.
400.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease through the release of natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants into the freshwater supply on the property
owned by DARLA K. DEES and upon which Defendant PEOPLES GAS owns, maintains, and
operates gas pipelines and/or stores gas.
401.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to use due care to protect the freshwater supply on
the property owned by DARLA K. DEES and upon which Defendant PEOPLES GAS owns, maintains,
and operates gas pipelines and/or stores gas.
402.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to provide DARLA K. DEES with an alternative source

88

 of freshwater for domestic and agricultural use following its contamination of their freshwater
source.
403.

DARLA K. DEES is entitled to recover from PEOPLES GAS for all damages reasonably

foreseeable and arising from PEOPLES GAS’ breach of its contractual-required duty of care.
404.

DARLA K. DEES has been damaged as a direct and/or consequential result of the

aforementioned breach of contract by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of her home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in her home;
e. Injury to her person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to her person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to her property, including the aforementioned contamination of
her drinking water, contamination of her soil and landscape, physical damage to
her water well system, and physical damage to her plumbing;
h. Physical invasion to her property, including the aforementioned physical invasion
to her drinking water and physical invasion to her soil and landscape; and/or
i.

Diminution of value of her property.

WHEREFORE, Plaintiff, DARLA K. DEES prays this Court enter judgment against Defendant,
THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty Thousand Dollars
($50,000.00), costs, and for any other relief as is just and proper.

89

 COUNT XXXVI – RESCISSION OF CONTRACT (DARLA K. DEES vs. PEOPLES GAS)
A Separate Action in Equity
NOW COMES Plaintiff, DARLA K. DEES, by and through her attorneys, Spiros Law, P.C.,
and, alternatively to Count XXXV for Breach of Contract, brings Count XXXVI of her Complaint at
Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois
corporation, alleges and states as follows:
405.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
406.

Plaintiff, DARLA K. DEES, herein repeats and re-alleges paragraphs 397 through

402 of Count XXXV as though fully set herein.
407.

The aforementioned breach of contract by Defendant PEOPLES GAS was a material

breach of the terms of the contract.
408.

Alternatively to the relief requested in Count XXXV, DARLA K. DEES seeks

rescission of the aforementioned contract.
WHEREFORE, Plaintiff, DARLA K. DEES, prays this Court enter judgment against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, declaring the Gas Storage Grant - Oil
and Gas Lease between the parties is rescinded, entering an order for restitution for damages as
a result of the material breach of said contract, and for any other relief as is just and proper.
COUNT XXXVII – NEGLIGENCE (LYKINS FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, by and through their
attorneys, Spiros Law, P.C., and for Count XXXVII of their Complaint at Law and in Equity against

90

 Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
409.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
410.

As a result of the aforementioned negligent acts and/or omissions, the drinking

water for the LYKINS Family has been highly contaminated with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants.
411.

As a result of the aforementioned negligent acts and/or omissions, on or about

October 28, 2015, there was a sudden, calamitous, and/or dangerous event, a blow-out, that
caused physical harm and property damage to the LYKINS Family.
412.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the LYKINS Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
413.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the LYKINS Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
414.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the LYKINS Family have suffered and will
continue to suffer diminution of value of their property.

91

 WHEREFORE, Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT XXXVIII – STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY (LYKINS FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, by and through their
attorneys, Spiros Law, P.C., and for Count XXXVIII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
415.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
416.

Defendant PEOPLES GAS engaged in an ultra-hazardous activity by owning,

constructing, operating, managing, and maintaining Manlove Field, a facility storing large
amounts of flammable and explosive hazardous gases, chemicals, pollutants and contaminants
in a natural formation approximately 4,000 feet below the Mahomet Aquifer System, which
supplies fresh drinking water to approximately 850,000 people, including Plaintiffs.
417.

The business of Defendant PEOPLES GAS includes storing, receiving, and providing

natural gas, hazardous gases, chemicals, pollutants and other contaminants, and, thus, is
inherently and unavoidably dangerous in that its very nature involves a high degree of risk of
harm to others due to its flammable, toxic, and repulsive qualities.

92

 418.

The storage of billions of cubic feet of natural gas approximately 4,000 feet below

a freshwater supply serving approximately 850,000 people using approximately 153
injection/withdrawal wells is not a common activity.
419.

It is not appropriate to store billions of cubic feet of natural gas below a freshwater

supply serving approximately 850,000 people; nor, below land occupied for residential living.
420.

There is no value at all to Plaintiffs’ community in the storage of billions of cubic

feet of natural gas below their properties and their freshwater supply by Defendant PEOPLES GAS
because all of said natural gas is sold elsewhere and none is used to service their community.
421.

Defendant PEOPLES GAS’ engagement in the aforementioned ultrahazardous

activity caused the L. McCord #2 blow-out and as a result the drinking water for the LYKINS Family
has been highly contaminated with natural gas, non-potable saltwater, and/or other chemical
compounds and pollutants.
422.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the LYKINS Family.
423.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the LYKINS Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
424.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the LYKINS Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination

93

 of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
425.

As a direct and proximate result of one or more of the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the LYKINS Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT XXXIX – RES IPSA LOQUITOR (LYKINS FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, by and through their
attorneys, Spiros Law, P.C., and for Count XXXIX of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
426.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
427.

A blow-out at an underground natural gas storage facility that releases a large

amount of contamination into groundwater that affects homeowners miles away, as happened
at the L. McCord #2, does not ordinarily occur in the absence of negligence.
428.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the LYKINS Family.
94

 429.

Defendant PEOPLES GAS had the exclusive control of Manlove Field, including of

the L. McCord #2 well.
430.

As a result of the aforementioned blow-out, the drinking water for the LYKINS

Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
431.

As a direct and proximate result of the aforementioned blow-out, the LYKINS

Family have suffered and will continue to suffer injury to their person through the ingestion of
the aforementioned offensive and harmful gases and fluids defined as “contaminants” by the
Illinois EPA.
432.

As a direct and proximate result of the aforementioned blow-out, the LYKINS

Family have suffered and will continue to suffer physical injury to their property, including the
aforementioned contamination of their drinking water, contamination of their soil and
landscape, physical damage to their water well system, and physical damage to their plumbing.
433.

As a direct and proximate result of the aforementioned blow-out, the LYKINS

Family have suffered and will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.

95

 COUNT XL – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (LYKINS FAMILY vs. PEOPLES
GAS)
A Separate Action in Law
NOW COME Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, by and through their
attorneys, Spiros Law, P.C., and for Count XL of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
434.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
435.

Defendant PEOPLES GAS knew, or should have known, that its failure to exercise

reasonable care in the maintenance of Manlove Field and the L. McCord #2, failure to have in
place adequate protocols and procedures for public safety, and failure to properly notify those
affected by the blow-out, including the LYKINS Family, would cause severe emotional distress.
436.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the LYKINS Family suffered severe emotional
distress and mental suffering and continue to suffer such distress.
WHEREFORE, Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT XLI – PRIVATE NUISANCE (LYKINS FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, by and through their
attorneys, Spiros Law, P.C., and for Count XLI of their Complaint at Law and in Equity against
96

 Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
437.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
438.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the LYKINS
Family is a private nuisance because:
a. It constitutes an unreasonable and substantial invasion of their interest in the use
and enjoyment of their land;
b. It is offensive physically to their senses and makes their life uncomfortable; and/or
c. It is in defiance of the aforementioned State laws and regulations and defined as
a public nuisance in the Illinois Criminal Code.
439.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the LYKINS
Family is not a temporary violation, but ongoing, continuing, and likely permanent or nearly
permanent.
440.

Plaintiffs, the LYKINS Family, have been damaged as a direct and/or consequential

result of the aforementioned nuisance by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home and property;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
97

 e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
441.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the LYKINS Family, and warrant an
award of punitive damages.
442.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the LYKINS
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.

98

 COUNT XLII – TRESPASS (LYKINS FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, by and through their
attorneys, Spiros Law, P.C., and for Count XLII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
443.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
444.

Defendant PEOPLES GAS trespassed by allowing natural gas, non-potable

saltwater, and/or other chemical compounds and pollutants to leak from property it owned
and/or maintained, namely the L. McCord #2, which entered and intrude upon the soil, air, and
groundwater on the property owned by the LYKINS Family.
445.

This trespass to land continues to this day and is likely to continue into the future.

446.

Plaintiffs, the LYKINS Family, have been damaged as a direct and/or consequential

result of the aforementioned trespass by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;

99

 f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
447.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the LYKINS Family, and warrant an
award of punitive damages.
448.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the LYKINS
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.
COUNT XLIII – INJUNCTION (LYKINS FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, by and through their
attorneys, Spiros Law, P.C., and for Count XLIII of their Complaint at Law and in Equity against

100

 Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
449.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
450.

The LYKINS Family have an interest in their right to have their soil, air, and drinking

water free from contamination from natural gas, non-potable saltwater, and/or other chemical
compounds and pollutants.
451.

Defendant PEOPLES GAS, through the aforementioned acts and/or omissions,

contaminated the soil, air, and drinking water on the property owned and occupied by Plaintiffs,
the LYKINS Family, with natural gas, non-potable saltwater, and/or other chemical compounds
and pollutants during the course of its operation of Manlove Field.
452.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS in creating

a private nuisance and/or trespass to the property owned and occupied by the LYKINS Family
through the contamination of their soil, air, and drinking water with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants was clearly wrongful and illegal.
453.

The LYKINS Family will likely continue to be injured as a direct and/or

consequential result of the aforementioned private nuisance and/or trespass by Defendant
PEOPLES GAS, including as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
101

 d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
454.

Diminution of value of their property.
The LYKINS Family have no other recourse to stop or limit the harmful damage

being done by the continuing and ongoing trespass and/or nuisance by Defendant PEOPLES GAS.
455.

Defendant PEOPLES GAS has had other major leaks of natural gas into the

Mahomet Aquifer System prior to the L. McCord #2 blow-out and is likely to have others in the
future.
456.

Defendant PEOPLES GAS has continued to inject large amounts of natural gas into

the ground across an approximately 27,500-acre area in Champaign County, including under the
property owned by the LYKINS Family, even though it has demonstrated over many years an
inability to prevent the natural gas it is injecting into the ground from contaminating the
Mahomet Aquifer System, the freshwater source used by the LYKINS Family and many others.
457.

The LYKINS Family will suffer substantial and irreparable injury in the absence of a

permanent injunction enjoining Defendant PEOPLES GAS from injecting natural gas into the
ground at Manlove Field.

102

 WHEREFORE, Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, permanently
enjoining it from injecting natural gas – or any other harmful gas, chemical, or fluid – into the
ground in and around the area commonly known to it as Manlove Field.
COUNT XLIV – BREACH OF CONTRACT (LYKINS FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, by and through their
attorneys, Spiros Law, P.C., and for Count XLIV of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
458.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
459.

A document titled Gas Storage Grant - Oil and Gas Lease was recorded, between

Defendant PEOPLES GAS and Cecelia M. Rapp, the predecessor in title of the property now owned
by the LYKINS Family, in Book 667, Page 121, a true and accurate copy of which is attached hereto
and incorporated herein as “Exhibit D.”
460.

The terms and conditions of the aforementioned Gas Storage Grant - Oil and Gas

Lease continue to be binding on both Defendant PEOPLES GAS and the LYKINS Family.
461.

Defendant PEOPLES GAS continues to enforce the provisions of the

aforementioned Gas Storage Grant - Oil and Gas Lease in regard to the rights of the LYKINS
Family, namely through the exercise of the continued use of easements on their property with
gas pipelines and/or subsurface gas storage.

103

 462.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease through the release of natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants into the freshwater supply on the property
owned by the LYKINS Family and upon which Defendant PEOPLES GAS owns, maintains, and
operates gas pipelines and/or stores gas.
463.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to use due care to protect the freshwater supply on
the property owned by the LYKINS Family and upon which Defendant PEOPLES GAS owns,
maintains, and operates gas pipelines and/or stores gas.
464.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to provide the LYKINS Family with an alternative
source of freshwater for domestic and agricultural use following its contamination of their
freshwater source.
465.

The LYKINS Family are entitled to recover from PEOPLES GAS for all damages

reasonably foreseeable and arising from PEOPLES GAS’ breach of its contractual-required duty of
care.
466.

The LYKINS Family have been damaged as a direct and/or consequential result of

the aforementioned breach of contract by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
104

 d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.

Diminution of value of their property.

WHEREFORE, Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), costs, and for any other relief as is just and proper.
COUNT XLV – RESCISSION OF CONTRACT (LYKINS FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, by and through their
attorneys, Spiros Law, P.C., and, alternatively to Count XLIV for Breach of Contract, bring Count
XLV of their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND
COKE COMPANY, an Illinois corporation, allege and state as follows:
467.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
468.

Plaintiffs, the LYKINS Family, herein repeat and re-allege paragraphs 459 through

464 of Count XLIV as though fully set herein.

105

 469.

The aforementioned breach of contract by Defendant PEOPLES GAS was a material

breach of the terms of the contract.
470.

Alternatively to the relief requested in Count XLIV, the LYKINS Family seek

rescission of the aforementioned contract.
WHEREFORE, Plaintiffs, TODD H. LYKINS and GINA L. LYKINS, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, declaring the Gas
Storage Grant - Oil and Gas Lease between the parties is rescinded, entering an order for
restitution for damages as a result of the material breach of said contract, and for any other relief
as is just and proper.
COUNT XLVI – NEGLIGENCE (CROW FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, NAOMI CROW and KENNETH BRUEHL, by and through their
attorneys, Spiros Law, P.C., and for Count XLVI of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
471.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
472.

As a result of the aforementioned negligent acts and/or omissions, the drinking

water for the CROW Family has been highly contaminated with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants.
473.

As a result of the aforementioned negligent acts and/or omissions, on or about

October 28, 2015, there was a sudden, calamitous, and/or dangerous event, a blow-out, that
caused physical harm and property damage to the CROW Family.
106

 474.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the CROW Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
475.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the CROW Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
476.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the CROW Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, NAOMI CROW and KENNETH BRUEHL, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT XLVII – STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY (CROW FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, NAOMI CROW and KENNETH BRUEHL, by and through their
attorneys, Spiros Law, P.C., and for Count XLVII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:

107

 477.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
478.

Defendant PEOPLES GAS engaged in an ultra-hazardous activity by owning,

constructing, operating, managing, and maintaining Manlove Field, a facility storing large
amounts of flammable and explosive hazardous gases, chemicals, pollutants and contaminants
in a natural formation approximately 4,000 feet below the Mahomet Aquifer System, which
supplies fresh drinking water to approximately 850,000 people, including Plaintiffs.
479.

The business of Defendant PEOPLES GAS includes storing, receiving, and providing

natural gas, hazardous gases, chemicals, pollutants and other contaminants, and, thus, is
inherently and unavoidably dangerous in that its very nature involves a high degree of risk of
harm to others due to its flammable, toxic, and repulsive qualities.
480.

The storage of billions of cubic feet of natural gas approximately 4,000 feet below

a freshwater supply serving approximately 850,000 people using approximately 153
injection/withdrawal wells is not a common activity.
481.

It is not appropriate to store billions of cubic feet of natural gas below a freshwater

supply serving approximately 850,000 people; nor, below land occupied for residential living.
482.

There is no value at all to Plaintiffs’ community in the storage of billions of cubic

feet of natural gas below their properties and their freshwater supply by Defendant PEOPLES GAS
because all of said natural gas is sold elsewhere and none is used to service their community.
483.

Defendant PEOPLES GAS’ engagement in the aforementioned ultrahazardous

activity caused the L. McCord #2 blow-out and as a result the drinking water for the CROW Family

108

 has been highly contaminated with natural gas, non-potable saltwater, and/or other chemical
compounds and pollutants.
484.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the CROW Family.
485.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the CROW Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
486.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the CROW Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
487.

As a direct and proximate result of one or more of the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the CROW Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, NAOMI CROW and KENNETH BRUEHL, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.

109

 COUNT XLVIII – RES IPSA LOQUITOR (CROW FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, NAOMI CROW and KENNETH BRUEHL, by and through their
attorneys, Spiros Law, P.C., and for Count XLVIII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
488.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
489.

A blow-out at an underground natural gas storage facility that releases a large

amount of contamination into groundwater that affects homeowners miles away, as happened
at the L. McCord #2, does not ordinarily occur in the absence of negligence.
490.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the CROW Family.
491.

Defendant PEOPLES GAS had the exclusive control of Manlove Field, including of

the L. McCord #2 well.
492.

As a result of the aforementioned blow-out, the drinking water for the CROW

Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
493.

As a direct and proximate result of the aforementioned blow-out, the CROW

Family have suffered and will continue to suffer injury to their person through the ingestion of
the aforementioned offensive and harmful gases and fluids defined as “contaminants” by the
Illinois EPA.
110

 494.

As a direct and proximate result of the aforementioned blow-out, the CROW

Family have suffered and will continue to suffer physical injury to their property, including the
aforementioned contamination of their drinking water, contamination of their soil and
landscape, physical damage to their water well system, and physical damage to their plumbing.
495.

As a direct and proximate result of the aforementioned blow-out, the CROW

Family have suffered and will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, NAOMI CROW and KENNETH BRUEHL, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT XLIX – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (CROW FAMILY vs. PEOPLES
GAS)
A Separate Action in Law
NOW COME Plaintiffs, NAOMI CROW and KENNETH BRUEHL, by and through their
attorneys, Spiros Law, P.C., and for Count XLIX of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
496.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
497.

Defendant PEOPLES GAS knew, or should have known, that its failure to exercise

reasonable care in the maintenance of Manlove Field and the L. McCord #2, failure to have in
place adequate protocols and procedures for public safety, and failure to properly notify those
affected by the blow-out, including the CROW Family, would cause severe emotional distress.

111

 498.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the CROW Family suffered severe emotional
distress and mental suffering and continue to suffer such distress.
WHEREFORE, Plaintiffs, NAOMI CROW and KENNETH BRUEHL, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT L – PRIVATE NUISANCE (CROW FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, NAOMI CROW and KENNETH BRUEHL, by and through their
attorneys, Spiros Law, P.C., and for Count L of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
499.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
500.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the CROW
Family is a private nuisance because:
a. It constitutes an unreasonable and substantial invasion of their interest in the use
and enjoyment of their land;
b. It is offensive physically to their senses and makes their life uncomfortable; and/or
c. It is in defiance of the aforementioned State laws and regulations and defined as
a public nuisance in the Illinois Criminal Code.

112

 501.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the CROW
Family is not a temporary violation, but ongoing, continuing, and likely permanent or nearly
permanent.
502.

Plaintiffs, the CROW Family, have been damaged as a direct and/or consequential

result of the aforementioned nuisance by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home and property;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
503.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, constituted fraud, actual malice,

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 and/or deliberate violence or oppression to others, including the CROW Family, and warrant an
award of punitive damages.
504.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the CROW
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, NAOMI CROW and KENNETH BRUEHL, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.
COUNT LI – TRESPASS (CROW FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, NAOMI CROW and KENNETH BRUEHL, by and through their
attorneys, Spiros Law, P.C., and for Count LI of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
505.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
506.

Defendant PEOPLES GAS trespassed by allowing natural gas, non-potable

saltwater, and/or other chemical compounds and pollutants to leak from property it owned
and/or maintained, namely the L. McCord #2, which entered and intrude upon the soil, air, and
groundwater on the property owned by the CROW Family.
507.

This trespass to land continues to this day and is likely to continue into the future.
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 508.

Plaintiffs, the CROW Family, have been damaged as a direct and/or consequential

result of the aforementioned trespass by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
509.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the CROW Family, and warrant an
award of punitive damages.
510.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, were willful and/or with such

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 gross negligence as to indicate a wanton disregard of the rights of others, including the CROW
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, NAOMI CROW and KENNETH BRUEHL, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.
COUNT LII – INJUNCTION (CROW FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, NAOMI CROW and KENNETH BRUEHL, by and through their
attorneys, Spiros Law, P.C., and for Count LII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
511.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
512.

The CROW Family have an interest in their right to have their soil, air, and drinking

water free from contamination from natural gas, non-potable saltwater, and/or other chemical
compounds and pollutants.
513.

Defendant PEOPLES GAS, through the aforementioned acts and/or omissions,

contaminated the soil, air, and drinking water on the property owned and occupied by Plaintiffs,
the CROW Family, with natural gas, non-potable saltwater, and/or other chemical compounds
and pollutants during the course of its operation of Manlove Field.
514.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS in creating

a private nuisance and/or trespass to the property owned and occupied by the CROW Family
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 through the contamination of their soil, air, and drinking water with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants was clearly wrongful and illegal.
515.

The CROW Family will likely continue to be injured as a direct and/or

consequential result of the aforementioned private nuisance and/or trespass by Defendant
PEOPLES GAS, including as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
516.

Diminution of value of their property.
The CROW Family have no other recourse to stop or limit the harmful damage

being done by the continuing and ongoing trespass and/or nuisance by Defendant PEOPLES GAS.

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 517.

Defendant PEOPLES GAS has had other major leaks of natural gas into the

Mahomet Aquifer System prior to the L. McCord #2 blow-out and is likely to have others in the
future.
518.

Defendant PEOPLES GAS has continued to inject large amounts of natural gas into

the ground across an approximately 27,500-acre area in Champaign County, including under the
property owned by the CROW Family, even though it has demonstrated over many years an
inability to prevent the natural gas it is injecting into the ground from contaminating the
Mahomet Aquifer System, the freshwater source used by the CROW Family and many others.
519.

The CROW Family will suffer substantial and irreparable injury in the absence of a

permanent injunction enjoining Defendant PEOPLES GAS from injecting natural gas into the
ground at Manlove Field.
WHEREFORE, Plaintiffs, NAOMI CROW and KENNETH BRUEHL, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, permanently
enjoining it from injecting natural gas – or any other harmful gas, chemical, or fluid – into the
ground in and around the area commonly known to it as Manlove Field.
COUNT LIII – BREACH OF CONTRACT (CROW FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, NAOMI CROW and KENNETH BRUEHL, by and through their
attorneys, Spiros Law, P.C., and for Count LIII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
520.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
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 521.

A document titled Gas Storage Grant - Oil and Gas Lease was recorded, between

Defendant PEOPLES GAS and Leone Foster, J.F. Foster, Alice Andrews, and Arthur C. Andrews,
whom Defendant PEOPLES GAS has claimed are the predecessors in title of the property now
owned by the CROW Family, though the CROW Family contends otherwise, in Book 668, Page
678, a true and accurate copy of which is attached hereto and incorporated herein as “Exhibit E.”
522.

Defendant PEOPLES GAS claims that the terms and conditions of the

aforementioned Gas Storage Grant - Oil and Gas Lease continue to be binding on both Defendant
PEOPLES GAS and the CROW Family, though the CROW Family contends otherwise.
523.

Defendant PEOPLES GAS continues to enforce the provisions of the

aforementioned Gas Storage Grant - Oil and Gas Lease in regard to the rights of the CROW Family,
namely through the exercise of the continued use of the gas storage easement on their property.
524.

If Defendant PEOPLES GAS is correct that the Gas Storage Grant - Oil and Gas Lease

is binding and enforceable, it has breached the terms of the aforementioned Gas Storage Grant
- Oil and Gas Lease through the release of natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants into the freshwater supply on the property owned by the
CROW Family.
525.

If Defendant PEOPLES GAS is correct that the Gas Storage Grant - Oil and Gas Lease

is binding and enforceable, it has breached the terms of the aforementioned Gas Storage Grant
- Oil and Gas Lease by failing to use due care to protect the freshwater supply on the property
owned by the CROW Family.
526.

If Defendant PEOPLES GAS is correct that the Gas Storage Grant - Oil and Gas Lease

is binding and enforceable, it has breached the terms of the aforementioned Gas Storage Grant

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 - Oil and Gas Lease by failing to provide the CROW Family with an alternative source of freshwater
for domestic and agricultural use following its contamination of their freshwater source.
527.

If Defendant PEOPLES GAS is correct that the Gas Storage Grant - Oil and Gas Lease

is binding and enforceable, the CROW Family are entitled to recover from PEOPLES GAS for all
damages reasonably foreseeable and arising from PEOPLES GAS’ breach of its contractualrequired duty of care.
528.

If Defendant PEOPLES GAS is correct that the Gas Storage Grant - Oil and Gas Lease

is binding and enforceable, the CROW Family have been damaged as a direct and/or
consequential result of the aforementioned breach of contract by Defendant PEOPLES GAS as
follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
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 i.

Diminution of value of their property.

WHEREFORE, Plaintiffs, NAOMI CROW and KENNETH BRUEHL, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), costs, and for any other relief as is just and proper
if the Gas Storage Grant - Oil and Gas Lease is found to be a binding and enforceable contract.
COUNT LIV – RESCISSION OF CONTRACT (CROW FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, NAOMI CROW and KENNETH BRUEHL, by and through their
attorneys, Spiros Law, P.C., and, alternatively to Count LIII for Breach of Contract, bring Count LIV
of their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
529.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 2 through 160

of the Allegations Common To All Counts as though fully set herein.
530.

Plaintiffs, the CROW Family, herein repeat and re-allege paragraphs 521 through

526 of Count LIV as though fully set herein.
531.

The aforementioned breach of contract by Defendant PEOPLES GAS was a material

breach of the terms of the contract.
532.

Alternatively to the relief requested in Count LIII, the CROW Family seek rescission

of the aforementioned contract.
WHEREFORE, Plaintiffs, NAOMI CROW and KENNETH BRUEHL, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, declaring the Gas
Storage Grant - Oil and Gas Lease between the parties is rescinded, entering an order for

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 restitution for damages as a result of the material breach of said contract, and for any other relief
as is just and proper.
COUNT LV – NEGLIGENCE (KELLNER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next friend
of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as next
friend of H.D.K., a minor, by and through their attorneys, Spiros Law, P.C., and for Count LV of
their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
533.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
534.

As a result of the aforementioned negligent acts and/or omissions, the drinking

water for the KELLNER Family has been highly contaminated with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants.
535.

As a result of the aforementioned negligent acts and/or omissions, on or about

October 28, 2015, there was a sudden, calamitous, and/or dangerous event, a blow-out, that
caused physical harm and property damage to the KELLNER Family.
536.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the KELLNER Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
537.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the KELLNER Family have suffered and will
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 continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
538.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the KELLNER Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as
next friend of H.D.K., a minor, pray this Court enter judgment against Defendant, THE PEOPLES
GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00),
plus costs and for any other relief as is just and proper.
COUNT LVI – STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY (KELLNER FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next friend
of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as next
friend of H.D.K., a minor, by and through their attorneys, Spiros Law, P.C., and for Count LVI of
their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
539.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
540.

Defendant PEOPLES GAS engaged in an ultra-hazardous activity by owning,

constructing, operating, managing, and maintaining Manlove Field, a facility storing large

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 amounts of flammable and explosive hazardous gases, chemicals, pollutants and contaminants
in a natural formation approximately 4,000 feet below the Mahomet Aquifer System, which
supplies fresh drinking water to approximately 850,000 people, including Plaintiffs.
541.

The business of Defendant PEOPLES GAS includes storing, receiving, and providing

natural gas, hazardous gases, chemicals, pollutants and other contaminants, and, thus, is
inherently and unavoidably dangerous in that its very nature involves a high degree of risk of
harm to others due to its flammable, toxic, and repulsive qualities.
542.

The storage of billions of cubic feet of natural gas approximately 4,000 feet below

a freshwater supply serving approximately 850,000 people using approximately 153
injection/withdrawal wells is not a common activity.
543.

It is not appropriate to store billions of cubic feet of natural gas below a freshwater

supply serving approximately 850,000 people; nor, below land occupied for residential living.
544.

There is no value at all to Plaintiffs’ community in the storage of billions of cubic

feet of natural gas below their properties and their freshwater supply by Defendant PEOPLES GAS
because all of said natural gas is sold elsewhere and none is used to service their community.
545.

Defendant PEOPLES GAS’ engagement in the aforementioned ultrahazardous

activity caused the L. McCord #2 blow-out and as a result the drinking water for the KELLNER
Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
546.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the KELLNER Family.

124

 547.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the KELLNER Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
548.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the KELLNER Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
549.

As a direct and proximate result of one or more of the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the KELLNER Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as
next friend of H.D.K., a minor, pray this Court enter judgment against Defendant, THE PEOPLES
GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00),
plus costs and for any other relief as is just and proper.
COUNT LVII – RES IPSA LOQUITOR (KELLNER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next friend
of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as next
friend of H.D.K., a minor, by and through their attorneys, Spiros Law, P.C., and for Count LVII of

125

 their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
550.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
551.

A blow-out at an underground natural gas storage facility that releases a large

amount of contamination into groundwater that affects homeowners miles away, as happened
at the L. McCord #2, does not ordinarily occur in the absence of negligence.
552.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the KELLNER Family.
553.

Defendant PEOPLES GAS had the exclusive control of Manlove Field, including of

the L. McCord #2 well.
554.

As a result of the aforementioned blow-out, the drinking water for the KELLNER

Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
555.

As a direct and proximate result of the aforementioned blow-out, the KELLNER

Family have suffered and will continue to suffer injury to their person through the ingestion of
the aforementioned offensive and harmful gases and fluids defined as “contaminants” by the
Illinois EPA.
556.

As a direct and proximate result of the aforementioned blow-out, the KELLNER

Family have suffered and will continue to suffer physical injury to their property, including the

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 aforementioned contamination of their drinking water, contamination of their soil and
landscape, physical damage to their water well system, and physical damage to their plumbing.
557.

As a direct and proximate result of the aforementioned blow-out, the KELLNER

Family have suffered and will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as
next friend of H.D.K., a minor, pray this Court enter judgment against Defendant, THE PEOPLES
GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00),
plus costs and for any other relief as is just and proper.
COUNT LVIII – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (KELLNER FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next friend
of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as next
friend of H.D.K., a minor, by and through their attorneys, Spiros Law, P.C., and for Count LVIII of
their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
558.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
559.

Defendant PEOPLES GAS knew, or should have known, that its failure to exercise

reasonable care in the maintenance of Manlove Field and the L. McCord #2, failure to have in
place adequate protocols and procedures for public safety, and failure to properly notify those
affected by the blow-out, including the KELLNER Family, would cause severe emotional distress.

127

 560.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the KELLNER Family suffered severe emotional
distress and mental suffering and continue to suffer such distress.
WHEREFORE, Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as
next friend of H.D.K., a minor, pray this Court enter judgment against Defendant, THE PEOPLES
GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00),
plus costs and for any other relief as is just and proper.
COUNT LIX – PRIVATE NUISANCE (KELLNER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next friend
of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as next
friend of H.D.K., a minor, by and through their attorneys, Spiros Law, P.C., and for Count LIX of
their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
561.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
562.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
KELLNER Family is a private nuisance because:
a. It constitutes an unreasonable and substantial invasion of their interest in the use
and enjoyment of their land;
b. It is offensive physically to their senses and makes their life uncomfortable; and/or

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 c. It is in defiance of the aforementioned State laws and regulations and defined as
a public nuisance in the Illinois Criminal Code.
563.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
KELLNER Family is not a temporary violation, but ongoing, continuing, and likely permanent or
nearly permanent.
564.

Plaintiffs, the KELLNER Family, have been damaged as a direct and/or

consequential result of the aforementioned nuisance by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home and property;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
565.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, constituted fraud, actual malice,
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 and/or deliberate violence or oppression to others, including the KELLNER Family, and warrant
an award of punitive damages.
566.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the KELLNER
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as
next friend of H.D.K., a minor, pray this Court enter judgment against Defendant, THE PEOPLES
GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00),
plus punitive damages, costs, and for any other relief as is just and proper.
COUNT LX – TRESPASS (KELLNER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next friend
of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as next
friend of H.D.K., a minor, by and through their attorneys, Spiros Law, P.C., and for Count LX of
their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
567.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
568.

Defendant PEOPLES GAS trespassed by allowing natural gas, non-potable

saltwater, and/or other chemical compounds and pollutants to leak from property it owned

130

 and/or maintained, namely the L. McCord #2, which entered and intrude upon the soil, air, and
groundwater on the property owned by the KELLNER Family.
569.

This trespass to land continues to this day and is likely to continue into the future.

570.

Plaintiffs, the KELLNER Family, have been damaged as a direct and/or

consequential result of the aforementioned trespass by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
571.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the KELLNER Family, and warrant
an award of punitive damages.

131

 572.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the KELLNER
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as
next friend of H.D.K., a minor, pray this Court enter judgment against Defendant, THE PEOPLES
GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00),
plus punitive damages, costs, and for any other relief as is just and proper.
COUNT LXI – INJUNCTION (KELLNER FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next friend
of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as next
friend of H.D.K., a minor, by and through their attorneys, Spiros Law, P.C., and for Count LXI of
their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
573.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
574.

The KELLNER Family have an interest in their right to have their soil, air, and

drinking water free from contamination from natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
575.

Defendant PEOPLES GAS, through the aforementioned acts and/or omissions,

contaminated the soil, air, and drinking water on the property owned and occupied by Plaintiffs,
132

 the KELLNER Family, with natural gas, non-potable saltwater, and/or other chemical compounds
and pollutants during the course of its operation of Manlove Field.
576.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS in creating

a private nuisance and/or trespass to the property owned and occupied by the KELLNER Family
through the contamination of their soil, air, and drinking water with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants was clearly wrongful and illegal.
577.

The KELLNER Family will likely continue to be injured as a direct and/or

consequential result of the aforementioned private nuisance and/or trespass by Defendant
PEOPLES GAS, including as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.

Diminution of value of their property.

133

 578.

The KELLNER Family have no other recourse to stop or limit the harmful damage

being done by the continuing and ongoing trespass and/or nuisance by Defendant PEOPLES GAS.
579.

Defendant PEOPLES GAS has had other major leaks of natural gas into the

Mahomet Aquifer System prior to the L. McCord #2 blow-out and is likely to have others in the
future.
580.

Defendant PEOPLES GAS has continued to inject large amounts of natural gas into

the ground across an approximately 27,500-acre area in Champaign County, including under the
property owned by the KELLNER Family, even though it has demonstrated over many years an
inability to prevent the natural gas it is injecting into the ground from contaminating the
Mahomet Aquifer System, the freshwater source used by the KELLNER Family and many others.
581.

The KELLNER Family will suffer substantial and irreparable injury in the absence of

a permanent injunction enjoining Defendant PEOPLES GAS from injecting natural gas into the
ground at Manlove Field.
WHEREFORE, Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as
next friend of H.D.K., a minor, pray this Court enter judgment against Defendant, THE PEOPLES
GAS LIGHT AND COKE COMPANY, permanently enjoining it from injecting natural gas – or any
other harmful gas, chemical, or fluid – into the ground in and around the area commonly known
to it as Manlove Field.
COUNT LXII – BREACH OF CONTRACT (KELLNER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next friend
of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as next
134

 friend of H.D.K., a minor, by and through their attorneys, Spiros Law, P.C., and for Count LXII of
their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, an Illinois corporation, allege and state as follows:
582.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
583.

A document titled Gas Storage Grant - Oil and Gas Lease was recorded, between

Defendant PEOPLES GAS and G.E. Wisegarver, individually and as Trustee for the Estate of Smith
Wisegarver, deceased, and Marion Wisegarver, the predecessors in title of the property now
owned by the KELLNER Family, in Book 673, Page 523, a true and accurate copy of which is
attached hereto and incorporated herein as “Exhibit B.”
584.

The terms and conditions of the aforementioned Gas Storage Grant - Oil and Gas

Lease continue to be binding on both Defendant PEOPLES GAS and the KELLNER Family.
585.

Defendant PEOPLES GAS continues to enforce the provisions of the

aforementioned Gas Storage Grant - Oil and Gas Lease in regard to the rights of the KELLNER
Family, namely through the exercise of the continued use of easements on their property with
gas pipelines and/or subsurface gas storage.
586.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease through the release of natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants into the freshwater supply on the property
owned by the KELLNER Family and upon which Defendant PEOPLES GAS owns, maintains, and
operates gas pipelines and/or stores gas.

135

 587.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to use due care to protect the freshwater supply on
the property owned by the KELLNER Family and upon which Defendant PEOPLES GAS owns,
maintains, and operates gas pipelines and/or stores gas.
588.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to provide the KELLNER Family with an alternative
source of freshwater for domestic and agricultural use following its contamination of their
freshwater source.
589.

The KELLNER Family are entitled to recover from PEOPLES GAS for all damages

reasonably foreseeable and arising from PEOPLES GAS’ breach of its contractual-required duty of
care.
590.

The KELLNER Family have been damaged as a direct and/or consequential result

of the aforementioned breach of contract by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;

136

 g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.

Diminution of value of their property.

WHEREFORE, Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as
next friend of H.D.K., a minor, pray this Court enter judgment against Defendant, THE PEOPLES
GAS LIGHT AND COKE COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00),
costs, and for any other relief as is just and proper.
COUNT LXIII – RESCISSION OF CONTRACT (KELLNER FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next friend
of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as next
friend of H.D.K., a minor, by and through their attorneys, Spiros Law, P.C., and, alternatively to
Count LXII for Breach of Contract, bring Count LXIII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
591.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
592.

Plaintiffs, the KELLNER Family, herein repeat and re-allege paragraphs 583

through 588 of Count LXII as though fully set herein.

137

 593.

The aforementioned breach of contract by Defendant PEOPLES GAS was a material

breach of the terms of the contract.
594.

Alternatively to the relief requested in Count LXII, the KELLNER Family seek

rescission of the aforementioned contract.
WHEREFORE, Plaintiffs, MICHAEL R. KELLNER, JILL E. KELLNER, JILL E. KELLNER as next
friend of L.R.K., a minor, JILL E. KELLNER as next friend of S.H.K., a minor, and JILL E. KELLNER as
next friend of H.D.K., a minor, pray this Court enter judgment against Defendant, THE PEOPLES
GAS LIGHT AND COKE COMPANY, declaring the Gas Storage Grant - Oil and Gas Lease between
the parties is rescinded, entering an order for restitution for damages as a result of the material
breach of said contract, and for any other relief as is just and proper.
COUNT LXIV – NEGLIGENCE (STAUFFER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER, by
and through their attorneys, Spiros Law, P.C., and for Count LXIV of their Complaint at Law and
in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois
corporation, allege and state as follows:
595.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
596.

As a result of the aforementioned negligent acts and/or omissions, the drinking

water for the STAUFFER Family has been highly contaminated with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants.

138

 597.

As a result of the aforementioned negligent acts and/or omissions, on or about

October 28, 2015, there was a sudden, calamitous, and/or dangerous event, a blow-out, that
caused physical harm and property damage to the STAUFFER Family.
598.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the STAUFFER Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
599.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the STAUFFER Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
600.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the STAUFFER Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER,
pray this Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any
other relief as is just and proper.

139

 COUNT LXV – STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY (STAUFFER FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER, by
and through their attorneys, Spiros Law, P.C., and for Count LXV of their Complaint at Law and in
Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
allege and state as follows:
601.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
602.

Defendant PEOPLES GAS engaged in an ultra-hazardous activity by owning,

constructing, operating, managing, and maintaining Manlove Field, a facility storing large
amounts of flammable and explosive hazardous gases, chemicals, pollutants and contaminants
in a natural formation approximately 4,000 feet below the Mahomet Aquifer System, which
supplies fresh drinking water to approximately 850,000 people, including Plaintiffs.
603.

The business of Defendant PEOPLES GAS includes storing, receiving, and providing

natural gas, hazardous gases, chemicals, pollutants and other contaminants, and, thus, is
inherently and unavoidably dangerous in that its very nature involves a high degree of risk of
harm to others due to its flammable, toxic, and repulsive qualities.
604.

The storage of billions of cubic feet of natural gas approximately 4,000 feet below

a freshwater supply serving approximately 850,000 people using approximately 153
injection/withdrawal wells is not a common activity.
605.

It is not appropriate to store billions of cubic feet of natural gas below a freshwater

supply serving approximately 850,000 people; nor, below land occupied for residential living.

140

 606.

There is no value at all to Plaintiffs’ community in the storage of billions of cubic

feet of natural gas below their properties and their freshwater supply by Defendant PEOPLES GAS
because all of said natural gas is sold elsewhere and none is used to service their community.
607.

Defendant PEOPLES GAS’ engagement in the aforementioned ultrahazardous

activity caused the L. McCord #2 blow-out and as a result the drinking water for the STAUFFER
Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
608.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the STAUFFER Family.
609.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the STAUFFER Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
610.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the STAUFFER Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
611.

As a direct and proximate result of one or more of the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the STAUFFER Family have suffered and will
continue to suffer diminution of value of their property.

141

 WHEREFORE, Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER,
pray this Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any
other relief as is just and proper.
COUNT LXVI – RES IPSA LOQUITOR (STAUFFER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER, by
and through their attorneys, Spiros Law, P.C., and for Count LXVI of their Complaint at Law and
in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois
corporation, allege and state as follows:
612.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
613.

A blow-out at an underground natural gas storage facility that releases a large

amount of contamination into groundwater that affects homeowners miles away, as happened
at the L. McCord #2, does not ordinarily occur in the absence of negligence.
614.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the STAUFFER Family.
615.

Defendant PEOPLES GAS had the exclusive control of Manlove Field, including of

the L. McCord #2 well.
616.

As a result of the aforementioned blow-out, the drinking water for the STAUFFER

Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
142

 617.

As a direct and proximate result of the aforementioned blow-out, the STAUFFER

Family have suffered and will continue to suffer injury to their person through the ingestion of
the aforementioned offensive and harmful gases and fluids defined as “contaminants” by the
Illinois EPA.
618.

As a direct and proximate result of the aforementioned blow-out, the STAUFFER

Family have suffered and will continue to suffer physical injury to their property, including the
aforementioned contamination of their drinking water, contamination of their soil and
landscape, physical damage to their water well system, and physical damage to their plumbing.
619.

As a direct and proximate result of the aforementioned blow-out, the STAUFFER

Family have suffered and will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER,
pray this Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any
other relief as is just and proper.
COUNT LXVII – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (STAUFFER FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER, by
and through their attorneys, Spiros Law, P.C., and for Count LXVII of their Complaint at Law and
in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois
corporation, allege and state as follows:
620.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.

143

 621.

Defendant PEOPLES GAS knew, or should have known, that its failure to exercise

reasonable care in the maintenance of Manlove Field and the L. McCord #2, failure to have in
place adequate protocols and procedures for public safety, and failure to properly notify those
affected by the blow-out, including the STAUFFER Family, would cause severe emotional distress.
622.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the STAUFFER Family suffered severe
emotional distress and mental suffering and continue to suffer such distress.
WHEREFORE, Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER,
pray this Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any
other relief as is just and proper.
COUNT LXVIII – PRIVATE NUISANCE (STAUFFER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER, by
and through their attorneys, Spiros Law, P.C., and for Count LXVIII of their Complaint at Law and
in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois
corporation, allege and state as follows:
623.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
624.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
STAUFFER Family is a private nuisance because:

144

 a. It constitutes an unreasonable and substantial invasion of their interest in the use
and enjoyment of their land;
b. It is offensive physically to their senses and makes their life uncomfortable; and/or
c. It is in defiance of the aforementioned State laws and regulations and defined as
a public nuisance in the Illinois Criminal Code.
625.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
STAUFFER Family is not a temporary violation, but ongoing, continuing, and likely permanent or
nearly permanent.
626.

Plaintiffs, the STAUFFER Family, have been damaged as a direct and/or

consequential result of the aforementioned nuisance by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home and property;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or

145

 i.
627.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the STAUFFER Family, and warrant
an award of punitive damages.
628.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the STAUFFER
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER,
pray this Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages,
costs, and for any other relief as is just and proper.
COUNT LXIX – TRESPASS (STAUFFER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER, by
and through their attorneys, Spiros Law, P.C., and for Count LXIX of their Complaint at Law and
in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois
corporation, allege and state as follows:
629.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
630.

Defendant PEOPLES GAS trespassed by allowing natural gas, non-potable

saltwater, and/or other chemical compounds and pollutants to leak from property it owned
146

 and/or maintained, namely the L. McCord #2, which entered and intrude upon the soil, air, and
groundwater on the property owned by the STAUFFER Family.
631.

This trespass to land continues to this day and is likely to continue into the future.

632.

Plaintiffs, the STAUFFER Family, have been damaged as a direct and/or

consequential result of the aforementioned trespass by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
633.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the STAUFFER Family, and warrant
an award of punitive damages.

147

 634.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the STAUFFER
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER,
pray this Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages,
costs, and for any other relief as is just and proper.
COUNT LXX – INJUNCTION (STAUFFER FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER, by
and through their attorneys, Spiros Law, P.C., and for Count LXX of their Complaint at Law and in
Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
allege and state as follows:
635.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
636.

The STAUFFER Family have an interest in their right to have their soil, air, and

drinking water free from contamination from natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
637.

Defendant PEOPLES GAS, through the aforementioned acts and/or omissions,

contaminated the soil, air, and drinking water on the property owned and occupied by Plaintiffs,
the STAUFFER Family, with natural gas, non-potable saltwater, and/or other chemical
compounds and pollutants during the course of its operation of Manlove Field.
148

 638.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS in creating

a private nuisance and/or trespass to the property owned and occupied by the STAUFFER Family
through the contamination of their soil, air, and drinking water with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants was clearly wrongful and illegal.
639.

The STAUFFER Family will likely continue to be injured as a direct and/or

consequential result of the aforementioned private nuisance and/or trespass by Defendant
PEOPLES GAS, including as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
640.

Diminution of value of their property.
The STAUFFER Family have no other recourse to stop or limit the harmful damage

being done by the continuing and ongoing trespass and/or nuisance by Defendant PEOPLES GAS.

149

 641.

Defendant PEOPLES GAS has had other major leaks of natural gas into the

Mahomet Aquifer System prior to the L. McCord #2 blow-out and is likely to have others in the
future.
642.

Defendant PEOPLES GAS has continued to inject large amounts of natural gas into

the ground across an approximately 27,500-acre area in Champaign County, including under the
property owned by the STAUFFER Family, even though it has demonstrated over many years an
inability to prevent the natural gas it is injecting into the ground from contaminating the
Mahomet Aquifer System, the freshwater source used by the STAUFFER Family and many others.
643.

The STAUFFER Family will suffer substantial and irreparable injury in the absence

of a permanent injunction enjoining Defendant PEOPLES GAS from injecting natural gas into the
ground at Manlove Field.
WHEREFORE, Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER,
pray this Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, permanently enjoining it from injecting natural gas – or any other harmful gas,
chemical, or fluid – into the ground in and around the area commonly known to it as Manlove
Field.
COUNT LXXI – BREACH OF CONTRACT (STAUFFER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER, by
and through their attorneys, Spiros Law, P.C., and for Count LXXI of their Complaint at Law and
in Equity against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois
corporation, allege and state as follows:

150

 644.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
645.

A document titled Gas Storage Grant - Oil and Gas Lease was recorded, between

Defendant PEOPLES GAS and Roy W. Hannah and May E. Hannah, the predecessors in title of the
property now owned by the STAUFFER Family, in Book 668, Page 41, a true and accurate copy of
which is attached hereto and incorporated herein as “Exhibit F.”
646.

The terms and conditions of the aforementioned Gas Storage Grant - Oil and Gas

Lease continue to be binding on both Defendant PEOPLES GAS and the STAUFFER Family.
647.

Defendant PEOPLES GAS continues to enforce the provisions of the

aforementioned Gas Storage Grant - Oil and Gas Lease in regard to the rights of the STAUFFER
Family, namely through the exercise of the continued use of easements on their property with
gas pipelines and/or subsurface gas storage.
648.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease through the release of natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants into the freshwater supply on the property
owned by the STAUFFER Family and upon which Defendant PEOPLES GAS owns, maintains, and
operates gas pipelines and/or stores gas.
649.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to use due care to protect the freshwater supply on
the property owned by the STAUFFER Family and upon which Defendant PEOPLES GAS owns,
maintains, and operates gas pipelines and/or stores gas.

151

 650.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to provide the STAUFFER Family with an alternative
source of freshwater for domestic and agricultural use following its contamination of their
freshwater source.
651.

The STAUFFER Family are entitled to recover from PEOPLES GAS for all damages

reasonably foreseeable and arising from PEOPLES GAS’ breach of its contractual-required duty of
care.
652.

The STAUFFER Family have been damaged as a direct and/or consequential result

of the aforementioned breach of contract by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.

Diminution of value of their property.

152

 WHEREFORE, Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER,
pray this Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, in an amount in excess of Fifty Thousand Dollars ($50,000.00), costs, and for any other
relief as is just and proper.
COUNT LXXII – RESCISSION OF CONTRACT (STAUFFER FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER, by
and through their attorneys, Spiros Law, P.C., and, alternatively to Count LXXI for Breach of
Contract, bring Count LXXII of their Complaint at Law and in Equity against Defendant, THE
PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and state as follows:
653.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
654.

Plaintiffs, the STAUFFER Family, herein repeat and re-allege paragraphs 645

through 650 of Count LXXI as though fully set herein.
655.

The aforementioned breach of contract by Defendant PEOPLES GAS was a material

breach of the terms of the contract.
656.

Alternatively to the relief requested in Count LXXI, the STAUFFER Family seek

rescission of the aforementioned contract.
WHEREFORE, Plaintiffs, HERB F. STAUFFER, LILY M. STAUFFER, and KAREN G. STAUFFER,
pray this Court enter judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE
COMPANY, declaring the Gas Storage Grant - Oil and Gas Lease between the parties is rescinded,
entering an order for restitution for damages as a result of the material breach of said contract,
and for any other relief as is just and proper.
153

 COUNT LXXIII – NEGLIGENCE (FOSTER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, by and through their
attorneys, Spiros Law, P.C., and for Count LXXIII of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
657.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
658.

As a result of the aforementioned negligent acts and/or omissions, the drinking

water for the FOSTER Family has been highly contaminated with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants.
659.

As a result of the aforementioned negligent acts and/or omissions, on or about

October 28, 2015, there was a sudden, calamitous, and/or dangerous event, a blow-out, that
caused physical harm and property damage to the FOSTER Family.
660.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the FOSTER Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.
661.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the FOSTER Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
154

 662.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the FOSTER Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT LXXIV – STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY (FOSTER FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, by and through their
attorneys, Spiros Law, P.C., and for Count LXXIV of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
663.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
664.

Defendant PEOPLES GAS engaged in an ultra-hazardous activity by owning,

constructing, operating, managing, and maintaining Manlove Field, a facility storing large
amounts of flammable and explosive hazardous gases, chemicals, pollutants and contaminants
in a natural formation approximately 4,000 feet below the Mahomet Aquifer System, which
supplies fresh drinking water to approximately 850,000 people, including Plaintiffs.
665.

The business of Defendant PEOPLES GAS includes storing, receiving, and providing

natural gas, hazardous gases, chemicals, pollutants and other contaminants, and, thus, is

155

 inherently and unavoidably dangerous in that its very nature involves a high degree of risk of
harm to others due to its flammable, toxic, and repulsive qualities.
666.

The storage of billions of cubic feet of natural gas approximately 4,000 feet below

a freshwater supply serving approximately 850,000 people using approximately 153
injection/withdrawal wells is not a common activity.
667.

It is not appropriate to store billions of cubic feet of natural gas below a freshwater

supply serving approximately 850,000 people; nor, below land occupied for residential living.
668.

There is no value at all to Plaintiffs’ community in the storage of billions of cubic

feet of natural gas below their properties and their freshwater supply by Defendant PEOPLES GAS
because all of said natural gas is sold elsewhere and none is used to service their community.
669.

Defendant PEOPLES GAS’ engagement in the aforementioned ultrahazardous

activity caused the L. McCord #2 blow-out and as a result the drinking water for the FOSTER
Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
670.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the FOSTER Family.
671.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the FOSTER Family have suffered and will
continue to suffer injury to their person through the ingestion of the aforementioned offensive
and harmful gases and fluids defined as “contaminants” by the Illinois EPA.

156

 672.

As a direct and proximate result of engagement in the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the FOSTER Family have suffered and will
continue to suffer physical injury to their property, including the aforementioned contamination
of their drinking water, contamination of their soil and landscape, physical damage to their water
well system, and physical damage to their plumbing.
673.

As a direct and proximate result of one or more of the aforementioned

ultrahazardous activity by Defendant PEOPLES GAS, the FOSTER Family have suffered and will
continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT LXXV – RES IPSA LOQUITOR (FOSTER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, by and through their
attorneys, Spiros Law, P.C., and for Count LXXV of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
674.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
675.

A blow-out at an underground natural gas storage facility that releases a large

amount of contamination into groundwater that affects homeowners miles away, as happened
at the L. McCord #2, does not ordinarily occur in the absence of negligence.
157

 676.

The aforementioned blow-out occurred on or about October 28, 2015, and was a

sudden, calamitous, and/or dangerous event that caused physical harm and property damage to
the FOSTER Family.
677.

Defendant PEOPLES GAS had the exclusive control of Manlove Field, including of

the L. McCord #2 well.
678.

As a result of the aforementioned blow-out, the drinking water for the FOSTER

Family has been highly contaminated with natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
679.

As a direct and proximate result of the aforementioned blow-out, the FOSTER

Family have suffered and will continue to suffer injury to their person through the ingestion of
the aforementioned offensive and harmful gases and fluids defined as “contaminants” by the
Illinois EPA.
680.

As a direct and proximate result of the aforementioned blow-out, the FOSTER

Family have suffered and will continue to suffer physical injury to their property, including the
aforementioned contamination of their drinking water, contamination of their soil and
landscape, physical damage to their water well system, and physical damage to their plumbing.
681.

As a direct and proximate result of the aforementioned blow-out, the FOSTER

Family have suffered and will continue to suffer diminution of value of their property.
WHEREFORE, Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.

158

 COUNT LXXVI – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (FOSTER FAMILY vs.
PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, by and through their
attorneys, Spiros Law, P.C., and for Count LXXVI of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
682.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
683.

Defendant PEOPLES GAS knew, or should have known, that its failure to exercise

reasonable care in the maintenance of Manlove Field and the L. McCord #2, failure to have in
place adequate protocols and procedures for public safety, and failure to properly notify those
affected by the blow-out, including the FOSTER Family, would cause severe emotional distress.
684.

As a direct and proximate result of one or more of the aforementioned negligent

acts and/or omissions of Defendant PEOPLES GAS, the FOSTER Family suffered severe emotional
distress and mental suffering and continue to suffer such distress.
WHEREFORE, Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus costs and for any other relief as is just and
proper.
COUNT LXXVII – PRIVATE NUISANCE (FOSTER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, by and through their
attorneys, Spiros Law, P.C., and for Count LXXVII of their Complaint at Law and in Equity against
159

 Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
685.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
686.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
FOSTER Family is a private nuisance because:
a. It constitutes an unreasonable and substantial invasion of their interest in the use
and enjoyment of their land;
b. It is offensive physically to their senses and makes their life uncomfortable; and/or
c. It is in defiance of the aforementioned State laws and regulations and defined as
a public nuisance in the Illinois Criminal Code.
687.

The aforementioned past, present, and continuing contamination by Defendant

PEOPLES GAS of the soil, air, and groundwater on the property owned and occupied by the
FOSTER Family is not a temporary violation, but ongoing, continuing, and likely permanent or
nearly permanent.
688.

Plaintiffs, the FOSTER Family, have been damaged as a direct and/or

consequential result of the aforementioned nuisance by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home and property;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
160

 e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
689.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the FOSTER Family, and warrant an
award of punitive damages.
690.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the nuisance and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the FOSTER
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.

161

 COUNT LXXIX – TRESPASS (FOSTER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, by and through their
attorneys, Spiros Law, P.C., and for Count LXXIX of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
691.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
692.

Defendant PEOPLES GAS trespassed by allowing natural gas, non-potable

saltwater, and/or other chemical compounds and pollutants to leak from property it owned
and/or maintained, namely the L. McCord #2, which entered and intrude upon the soil, air, and
groundwater on the property owned by the FOSTER Family.
693.

This trespass to land continues to this day and is likely to continue into the future.

694.

Plaintiffs, the FOSTER Family, have been damaged as a direct and/or

consequential result of the aforementioned trespass by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;

162

 f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
695.

Diminution of value of their property.
The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, constituted fraud, actual malice,
and/or deliberate violence or oppression to others, including the FOSTER Family, and warrant an
award of punitive damages.
696.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS, both in

creating the trespass and then subsequently in responding to it, were willful and/or with such
gross negligence as to indicate a wanton disregard of the rights of others, including the FOSTER
Family, and warrant an award of punitive damages.
WHEREFORE, Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), plus punitive damages, costs, and for any other
relief as is just and proper.
COUNT LXXX – INJUNCTION (FOSTER FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, by and through their
attorneys, Spiros Law, P.C., and for Count LXXX of their Complaint at Law and in Equity against

163

 Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
697.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
698.

The FOSTER Family have an interest in their right to have their soil, air, and

drinking water free from contamination from natural gas, non-potable saltwater, and/or other
chemical compounds and pollutants.
699.

Defendant PEOPLES GAS, through the aforementioned acts and/or omissions,

contaminated the soil, air, and drinking water on the property owned and occupied by Plaintiffs,
the FOSTER Family, with natural gas, non-potable saltwater, and/or other chemical compounds
and pollutants during the course of its operation of Manlove Field.
700.

The aforementioned acts and/or omissions of Defendant PEOPLES GAS in creating

a private nuisance and/or trespass to the property owned and occupied by the FOSTER Family
through the contamination of their soil, air, and drinking water with natural gas, non-potable
saltwater, and/or other chemical compounds and pollutants was clearly wrongful and illegal.
701.

The FOSTER Family will likely continue to be injured as a direct and/or

consequential result of the aforementioned private nuisance and/or trespass by Defendant
PEOPLES GAS, including as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
164

 d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.
702.

Diminution of value of their property.
The FOSTER Family have no other recourse to stop or limit the harmful damage

being done by the continuing and ongoing trespass and/or nuisance by Defendant PEOPLES GAS.
703.

Defendant PEOPLES GAS has had other major leaks of natural gas into the

Mahomet Aquifer System prior to the L. McCord #2 blow-out and is likely to have others in the
future.
704.

Defendant PEOPLES GAS has continued to inject large amounts of natural gas into

the ground across an approximately 27,500-acre area in Champaign County, including under the
property owned by the FOSTER Family, even though it has demonstrated over many years an
inability to prevent the natural gas it is injecting into the ground from contaminating the
Mahomet Aquifer System, the freshwater source used by the FOSTER Family and many others.
705.

The FOSTER Family will suffer substantial and irreparable injury in the absence of

a permanent injunction enjoining Defendant PEOPLES GAS from injecting natural gas into the
ground at Manlove Field.

165

 WHEREFORE, Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, permanently
enjoining it from injecting natural gas – or any other harmful gas, chemical, or fluid – into the
ground in and around the area commonly known to it as Manlove Field.
COUNT LXXXI – BREACH OF CONTRACT (FOSTER FAMILY vs. PEOPLES GAS)
A Separate Action in Law
NOW COME Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, by and through their
attorneys, Spiros Law, P.C., and for Count LXXXI of their Complaint at Law and in Equity against
Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, allege and
state as follows:
706.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
707.

A document titled Gas Storage Grant - Oil and Gas Lease was recorded, between

Defendant PEOPLES GAS and Jason C. Dozier and Hattie A. Dozier, the predecessor in title of the
property now owned by the FOSTER Family, in Book 805, Page 107, a true and accurate copy of
which is attached hereto and incorporated herein as “Exhibit G.”
708.

The terms and conditions of the aforementioned Gas Storage Grant - Oil and Gas

Lease continue to be binding on both Defendant PEOPLES GAS and the FOSTER Family.
709.

Defendant PEOPLES GAS continues to enforce the provisions of the

aforementioned Gas Storage Grant - Oil and Gas Lease in regard to the rights of the FOSTER
Family, namely through the exercise of the continued use of easements on their property with
gas pipelines and/or subsurface gas storage.

166

 710.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease through the release of natural gas, non-potable saltwater,
and/or other chemical compounds and pollutants into the freshwater supply on the property
owned by the FOSTER Family and upon which Defendant PEOPLES GAS owns, maintains, and
operates gas pipelines and/or stores gas.
711.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to use due care to protect the freshwater supply on
the property owned by the FOSTER Family and upon which Defendant PEOPLES GAS owns,
maintains, and operates gas pipelines and/or stores gas.
712.

Defendant PEOPLES GAS has breached the terms of the aforementioned Gas

Storage Grant - Oil and Gas Lease by failing to provide the FOSTER Family with an alternative
source of freshwater for domestic and agricultural use following its contamination of their
freshwater source.
713.

The FOSTER Family are entitled to recover from PEOPLES GAS for all damages

reasonably foreseeable and arising from PEOPLES GAS’ breach of its contractual-required duty of
care.
714.

The FOSTER Family have been damaged as a direct and/or consequential result of

the aforementioned breach of contract by Defendant PEOPLES GAS as follows:
a. Deprivation of the use and enjoyment of their home;
b. Discomfort from having consumed, bathed in, washed clothes with, and otherwise
done all domestic activities with water containing the aforementioned offensive
and harmful gases and fluids;
c. Discomfort from the inhalation of the aforementioned offensive and harmful
gases;
167

 d. Discomfort from the unreasonable risk of explosion created by the accumulation
of combustible gas in their home;
e. Injury to their person through the ingestion of the aforementioned offensive and
harmful gases and fluids;
f. Increased risk of injury to their person created, or likely to be created, through the
ingestion of the aforementioned offensive and harmful gases and fluids;
g. Physical injury to their property, including the aforementioned contamination of
their drinking water, contamination of their soil and landscape, physical damage
to their water well system, and physical damage to their plumbing;
h. Physical invasion to their property, including the aforementioned physical
invasion to their drinking water and physical invasion to their soil and landscape;
and/or
i.

Diminution of value of their property.

WHEREFORE, Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, in an amount in
excess of Fifty Thousand Dollars ($50,000.00), costs, and for any other relief as is just and proper.
COUNT LXXXII – RESCISSION OF CONTRACT (FOSTER FAMILY vs. PEOPLES GAS)
A Separate Action in Equity
NOW COME Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, by and through their
attorneys, Spiros Law, P.C., and, alternatively to Count LXXXI for Breach of Contract, bring Count
LXXXII of their Complaint at Law and in Equity against Defendant, THE PEOPLES GAS LIGHT AND
COKE COMPANY, an Illinois corporation, allege and state as follows:
715.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 2 through

160 of the Allegations Common To All Counts as though fully set herein.
716.

Plaintiffs, the FOSTER Family, herein repeat and re-allege paragraphs 707 through

712 of Count LXXXII as though fully set herein.

168

 717.

The aforementioned breach of contract by Defendant PEOPLES GAS was a material

breach of the terms of the contract.
718.

Alternatively to the relief requested in Count LXXXI, the FOSTER Family seek

rescission of the aforementioned contract.
WHEREFORE, Plaintiffs, DUANE J. FOSTER and TERESA J. FOSTER, pray this Court enter
judgment against Defendant, THE PEOPLES GAS LIGHT AND COKE COMPANY, declaring the Gas
Storage Grant - Oil and Gas Lease between the parties is rescinded, entering an order for
restitution for damages as a result of the material breach of said contract, and for any other relief
as is just and proper.

GEORGE R. STANHOPE, et al., Plaintiffs
BY:

/s/ James D. Spiros
OF SPIROS LAW, P.C.

James D. Spiros, No. 6226158
jspiros@spiroslaw.com
Matthew J. Duco, No. 6296289
mduco@spiroslaw.com
Spiros Law, P.C.
2807 N. Vermilion, Suite 3, Danville, IL 61832
Telephone: 217.443.4343

169

 GAS STORAGE GRANT

!,ISP·,l·;Spec.

Oil AHD'G#.5 LEASrc

l'hi11-:inatrmnrnfd111r,hl1i4 2-3rd
114)" fll
March .·
1961 i,, Clep F. Siegmund, a
sp;!.nster.; and Wilma .Brunn, a divorc.ee not -since r1m1arried,.
I

-

-

.

· :hf'i~inllffrr·ic-frrl'~ll tn-1\I'

11 Hr11~1_nu 11

·(W!1r!hcr nnf' "' "'"'"),
WIT NE S•S,E T II:

Thn1 (lr,,l'lt~rilo

~llf""'ft nf-·1_i1r·lnllOwin,;

d·u,rribcd·l11nd'in

Champaign .

·

County. llllnol"',:;to--Wln

.
.
·Tl,l_e !30!,l;th i9 a~,res of th'!: Ni;,rtli 66 acres of the West H~ :91;.\ '.t]:!e ¾~outheast Quanter
of .Section l~,,jownship 21 North, Range 7 F.ast of the.'~ird Pr!gci}>ff Mjlridt!P
..... •·:;,-';1-'·'
· e,.nd tp.e So,u:l,h k a!,'.\res of the West H/J,lf pf th~ Southees't;, Q¥11Wr-i~fSe,ptipn_,1~.;:,:,. 0 :·· .·.:.,~
icn,nship. 21 Nor.th, Range 7 East of the Third Principal Meric!ian, e'xcept a port'fonr' ·
thereqf o'.IIJled by th~ Board qi' Trustees of Shiloh Methodist. Church and a tract
own"d by the Town 9f Ne'llcanb, said CC!l!bined tracts 'being described as follo'llB:
J?egin,_aj.ng. at the :Southwe·:::t corner of the Southeast Quar.ter of said Section 15,
Tmmehip 21 North; Range 7 East of th'!! Thir.d Principal Meridian, and running
'!;hence. ~ortli 45Z..4 f4a1e.t.; thence East 13 nods; thence South 240 feet; thence East
100 feet; ~ence South 100.:5 £eet; thence East 6o feet; thence South nz. feet to
the South B,ne of said Section 15; thence West on said South Section line, 3'J4~5
feet. to tbe. place <>f beginning,
· · ·
·
·
·
·
.

,'

,

.;•_

~"·' ..

EXHIBIT A

 !lll[lK

Bec• •H of the poo• lbllltf, ho_..,, •llaht, that depoolu of oll, , .. at other sa• eo110 or liquid ..,,droetirl,o,io ,..,, be ·dl•c.,.,e~
In the• cour• e of the ator•1e operation• referred to Abo..-e/ Grantora do, for the con• ideradon berel•bo•• ,tated, and the ropeltle • herei ..
after l"OYldedl further h•rehY JeaH and let .. i.t laad aac ual•elr to Grantee, Ito •••••u. or~ pd aoolana, for th• p..,o• ol ln.eodgatlng,
ewplorln1, drl ling, p10opactln1 • nd min~ for and ,prod .. lna oil, a• • and all other• ......... or llq•ld h1droc• 1ban•r and ,rent to Graatee
all oth•~ ,1,.hto, prl•il•i•• u.l .. HfflOI • neceo •• i)' or con•enlent to tlie
theteof, • II nch rlaht • belna nereln• fter refem,d 10:
J1::,s~:;f~':"!i";:1~1,~,..,e,1, ..,,.d,I • p• r• ;r• ph, to
111
• o, ah• U be H""tllcl t•tlooN mlier• la (ft• d 500 feeu,,

pr.._.•'ll.C:f:

:~!..i:.:.

.TO HAVE ANO TO ·ttoLO ouch le• -eheld rlaht • •oto Gr• otn, It• ..cce •• or•
• ft• 1 ao ~ii, aa• orher .......,. or ll1uld h)'dlOC• rbonli ore prod•eod ,,_
lo I

or

'

e-1

or••

.

.

and ••• Ian•
cl

cl

-II M• reh I; 1965· and~ long there•
• aid land. .
'
·

1•••

In the ... llt •••h oil
or • ny other 11-• oe• or !lguld h)'drocorbo• lo dheooerod l• co111• 101elal qu• ntltle• Grantee •1ree • to
royaltle • ti, Grancoro, th• I, heir• • nd ••• lano 1 upo• th• ptod11etlon of • llCh oil, a• o or other aao • o .. ot llqodd hydrocubono, •- lollowo1
(d '"' oil ptad..,d •• cl oeld I,- , • I• l• lld, 1/4 ef 1ho
rNlhiod ,.._ 111ell •••1
. ,
·
(bl on a•o, lnch,d••• c• olnahcd •• IN other '""""' hp,lreco,..,H prod•n• •-• NLI ,._
1/4 of 1he • ..,..,
• ed

f,.,., ·••hIn ..the,..•••"' oll, g• o or 01lrer ,,. .....

•-•llt

I

•I•' la••••
I• ••-•••I

.

.

"'••t

I

l~ld h,dro<••"""• • n dloc..er•• .... p,od•• d
••nthleo In • lo1modon •
olrleh OIAntH I• net 01orln1 ,., o, ,........ , ,., oil IN otlle, ,. ...., or ll•uld hrdroetirboH 1 I• P,MIH• ••Jacent 10 1hc lond of G,1nto,1
hc"lnoboH d..c,11,ed, O,ontH alNIII, H I prudent oh and f,"" op.1A10r, nplaro for end dlll,..tlr att,..,. to pte,INe oll, IH and other 1• 00. .1
et llt111ld hrdracarbe11a In ••ell letlMtlna, to ,,.,.•• , •• n•1••
·
,·
o,

••.i•W•,

G,-111n I, hereby ou1h• riaed whH•Hr Cln• tH lo Ito Jlld.,.ont dH110 It , ....- , •
IO - l t l H 1h, l1• oed p1e1nlH1,
,. • P•II lhorool, wltll Hlahborln1 \1nd1 ouch •-•nltla• tloo to l,e Hldooc• d (o) bp • cor,tnct 1,etwHo Ona1•• •n• the portl•• owt1l • J ••
1.,.....
In nch .. 1... 1,orr;., 1...., o, (bl If
honl• held• ......... IHHO co••rlng ..................... i., th, HH• tlon ond flllna
·of ,ceord of • dacl•r• tlN of • 11th c.....1t1tldud011, The,e• ftet, eke eoM1M11N111eRt of •a, WIii . , die ~ d • ef •II, •• ot • • " 1•••"•
or liquid hpdroeorl,ono et1 lftp p• tl .t th• cOIB•oldaed • rN oh•II hn, the • • olloet H tho•lh owdl -11 -~ ..,•,,.. • etd, or proil•etlo•
hod, on tho p,...t Ho herei,,. INnd, ond the f0Yo•1r o• the oll or a-• prod1ced f,- th• eo-•hlao4 ar• • hall l,e popaWe IO the Gr• nlOro
• the fflto heroin apocllloa, hoit o• ly In Heh ......, .. ,., 01 tho ilcN10,., owned i., the Onn1010 la•• •---•!cl•ed , ..ct ••oil ltaa, le th•
entire • ct1111• In the cCN11111w11ltl • etl • IN•
,. ·, :- , 1 \
·.::
•

o-,..

II <lrontora own • Ion latorut 111 o• ld land th•11 the entire •11d •di.lded I•• • l11plo - • tot• t·••I-. th•n the cCN1• ldo1• cro. In h•nd
polJ h•• bee •. •ad• ind tho pay-.11to ptfflJod for ohall be 1aade to Gr• n101•, !heir uol,noH o, o,ce••-• lo •wn•••h•p oat, la the
lion which th• lntore•t lmeln ol Orantoro hoar, to the -""•• • 1141 ...il•lded f-• oh11Plo utat •,
·

pc.,,..,,.

11Thla 1a • rrwmeat • wetlwMt•,JCld' ·amentl& aa 1n• trum•at exec11tecl bF Graaccw• l• f!ITOI' of Gr•tN or Grantee'• preclece •• or• la
lntoreat, d• t• d ;:;e~li8111D8r ,-,. I 19_0U_ ('oald lnotnmnc'), • ad laoofa, H rh• t - • of Hid lnotn-t ••• lacoealotent with
the term • ltereof, thI• ln • trument • hal be coatrollin1,"
·

!"r;;::-:•.r,::ct•··

• hall h •~~•: ..

th• • 1uhe ••, . - . , .,.,...... On,11tDH

•

ft· Gt• fltee, and

ftO ••, . . .

HP,liltlladN of ••, ••••• of

The term•, e"enant • ~ltd condltl••• hereof •IMI_II 1,e bl11dln1 on the pertl•• hereto, titelt helr•t· • ..

~~='5===

•N ~ ; :

~~na

of 1 paao,

::B~::ut•d

11t1

tho

Gt•~···

••••N end ·•••IP••

da1 and p•11 flrot , .... wrltt-

(HAL)

~EALl _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.,...._(IBAL)

- - - - - - - - ' - - - - - - - - - - - - - (SIAL) _ _ _ _ _.,....._ _ _ _ _ _ _ _ _ _.,......,.....(IIAL)
- - - - - - ' - - - - - - - - - - - - - . . : . . . . - ( I I A L ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~IAL)
(J

In
-

Tlie •~•• 1al,.1M, tOft- lo poe•nolot1 of.tho I•.•• dHctlltad lw th fwo1olo11- • - t , I• coe••••.. tl• •I tN_paJMOI el T•• Dollue
18;:4!~:'
""' •dojlt• on4 folne la tho o•
.t .... , • nd coeonta to tho enJ.,..•• br the. Otalltee tlte,eh, Ill 1114! d-• tflerol• • t• tl
•.

.

-HtiOII

Duo, Ihle

.

d• 1 of

H

March

, 196 ..!._,
(liAL)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (IBAL)

 ·.•·

•

GAS STORAGE GRANT
OIL ANO.GAS UJI.SE

,
i,t:io1,djj,,..,."";......\'4i;i~;. ;,19th diot oi
,1.:ntir,s.a-!lt and &ll"'!l'Ul'ltefJ 'for the
Harlot! Wbep.tter, hill wif•1
)..., . .

··_.

;

.

•

·'.

\.,"«

M:e.t:ih
E11taite

.

ot

, 1961 b, G.

E. Wieeprhr,

'81111 th WiNpner, deceased and

•

;,-

ltet~ftcr tde,red • •" ''GrMtW•" {whc4ller "'H! ot 1'Mtfe),

-WITkE~l!TH,

~ -··,Qaaapaign
County, Ullooh, to-wlt1
The So1ltlt~ «r•the 8outh Balf of -411• Southwet Quarter of Section 15J also the North
Half ,of ;he:.,J411hw11t Quarter ot Section 22; alao a tract described a11 begilming at the
lfortll,_.t euner et the South Half of th'e North"'8at ~ r of Section 22, thence F.aat
160 ~a 1it.o the 'bat line 'of the !orthwst Quarter or Section 22, thence South to the .
Southeast corner of eaid Northwest Quarter of Section 22, thence West 713~54 feet, thence
Worth 3"
thence West 223 teetl thence North 569 feet, thence We_et 104 rods to the
'West Utie of -ine llorthwst Quarter or said Section 22, thence North 24 rods to the place
of eegbnbc" all.ci.11 Township 21 North, Range 7 East of the Third Principal Meridian
':.n.1 Gr,1.....;., •-••• ~f th• f•llo.;1•1 d u ~ I.lid

f•~.,

CN1aiala1 - · · ·

-,161, 78

·

•ere • tn0re or le ••,

herelnaftH refette4,to •• " • -id Ja11d"'.

Far pd •• .,.;,.,. . . . 1.. •f die ,.,..... of Sixty-five Dollars per acre, rec<tlpe of wliieh 11 here"7 ..........
•da«d, a• cl other aooc1 ud •al•ltle cot1 • iftr•ti011a do hereby GRANT, CON.VEY and WARR.ANT 11t1to THE P~OPLES GAS LIGHT
· do co«E. COMPANY, • IHi1tCti• corporation, hueittahet ·teferred to u 0 Grutee 0 , It • • -ceenor • and • Hip,, in reapect to

r.-•:.1;1;.:· -~~!:,i:~:.~•ael:,.;.:.·:t:":.r.!::::t.1:.~tl-::·:;
:h:.::::,.i
;:=kf:!\!i{·:.r!:'.:.::.:;
Sc••r·
r
reta1•
1
1
t·;,-:;.·.pt1,.U.1e
k::=and;: ~ ~:: :Ipoloaieal
1:'::..::ei.: ti:=~ .~d·w1~~-.:i:::o,j••~;:,..~t.!i.t':~d~=--=~~
dri
...,Jntaln,
1:"!.'1r,cnr::1~~~ °.:!.T~:::~:·::.-:.~·::~~t
r::'=J
,.,.tted to . .~ ......... l • Hnoir 0 h to atore •••

in the

Reacnof ud to

th& po ....., •• of,. . . . . . . . . . .

daftt,
•••411M11t to c0tt,h1ct
et _..y,lca.l auneya, a1td to
1:'taatall,
,._ew, operate, ..,n
.... rHWt•e at locadona nlttted by o,..,ee .-ch . .11., plpelin• a, electric li1111ea and otMr etntctwu, ..-1,-nit .ad

d:;t::!:.!h:i't':~rt:.:·~o~·:rc:e=r:-c:!~:r:id"lJl·:t~.':e:~:~.~J'!.t
to
S-•rfota •eh otll.er act• and thln11 aa 111ay be necu,.ry for all fore,olna IurpoacaJ all •• part of and in connection wlth the aa•
:.;rr~~~,:O/:i~~~~r ~~d •!:'(..~e
h:a~:~~~~-on and under .. ,d Ian - • d lHda I• the -.idnitf thereof; and Grantora hereb)'

::,a;.•,~: !i

TO HAVE AND TO HOLD the
co•en • nta and S,ro•lalon •:

Hfflt!

unto Grantee, ha auc-ceuou and aHl«na, forrrer, all • ubJect, howner,to the foUow-

t. In the e-.ut tKe eoaalderation heretofore or contempor1neou1ly paid for the right• herein granted la at a rate not in
•.s:ceH of Fortr-fi•• Dollar, (t•'5.00) per acre, Grantee 1h• ll pay Gr• ntor each calendar year, until the rl1hta 1ranted hereunder
are abMd•ed aed releaaed a • additional conaideration a Hm equal to Two Dollar • (12.00) per acre, P • y1nent • for each calendar
rear .hall be •ade on or before May l of • ucb calendar year. Failure to make payment.on iu due date • hall not re • uh in a for-fehwe of dJa AarNMettt.

2,0.00~• .!tr G~=~•t::~Ift~e w:_!~ hotd ~=:i~~bj:• fe!ri~li;p1!~it1~hec/:!wd ~-::,i.!''thetf:r.:hof1~ f:lta~~i:ti;\'; 1::, !
t.on1et
aide of which ah • ll be parallel and adjacent to a property line, hi3hw • y ri3ht of way line, aectlon line or quarte.r aectlon
0

ll•e, or •

eetabllahed fcace line; Grantee ahall pay Granton for each injection-withdrawal wel' drilled the aum of 11,000, and

!~; ~i:,

':!t

0
~hktt~~~il~h;:aire1
adj~~~e=~:•:1:r:~:r~~mfi~:,d~i:..~a;" rr;: ~(
!e•~ti::tif!~\:~~:ri~C:O.~:~i~: f;:_ne~e!/:ee:
tablielted Nae• liM; Grantee aay hne the temporary uae of .a: area adjoinin3 any •llch well aitea for operation• i• cident to the
lll&lnteflaftCII • -d repair -0( well• drilled thereon. Grantee ahall 1:ive Granton 30 days• notice of its intention to ha-.e and hold Any
of the well aite/• herein pto-.ided for, by U.S. Mail at Granton' laat known address or in care of the depoaitory herein de•i1n • ted 1
totether with a loeatloa Hney a • d lefal deacription of auch well ai&e/a, and ahall at the • ame time tender.the payment • i11 thia
a~C:i~t:':ti:end1:hf
d:!et:i !~bte•,Y f:r:!;/1!:;i;1

!i::r::~ep::Jdh:.:orth~'::,;e:t:i: !.t:C':ii!'d·;n

e:J[:::::n

1:;{i~

;c~i:;t;;ti!:1~!1-:id
1.::;•b;'J~:n::~

0
:r
~fth.=tneeT'.~tG~:~::~ t~=~teb~e;;:::e:f tr=t~e7G:ae;t;~. ~:h.iic{!~:1.hi~~t:nd":i{8;:cU:~e~t=~=:u:
to nidence Grantee'• title to auch well aite•, includin3, without limitation, general warrlllftty deeds upon the term • ,herein aet
forth, If Grantee'• dtle to any 1uch well aitu 1llall terminate for non-user as herein prodded, Grantee shall, ,t 'th'e request of
?:t:rt=•~~~r;::~lrih~r:cl~si~:4!ri~~a:j :~fvi~:~e:et~t
;::~h~nre":niie~ell • ite; ptoYided, howent, that 'Grantee may
3. Grantee Dall hue lhe option until March 1, 196~, to acquire r13ht• of way and e • serne~t• for the,in•tallad,on of pipe-linea and appurtenant facilitiea (inclusi-.e of electric lines laid in the ~•me trench) acrou • a!d land whtch • hall ta.elude the
riJht to operate, repair, maintain, rem?ve and replace such facilitie~, and _Grantee ~hall han the '!&ht, to uae in coi:inectlon therewith a • trip of land of,tl'e width hereinafter aet forth, at the following prices per ltneal.(.(ldi fo, p1pehn.ea twenty-four (24i) iachea
ot more in diameter, a 75•foot atrip, ten dollars (,Sl0.00); for pipelin"s less than twentr·1o1:1r (l4) i~che'a and more than • ixteen

~~:r::t::r

,i:d!h:C~~~~~;t1t~ ·;;~~ ::1~70:.e~ati~ifgr :::r; ~:~-!~~r: ;i~ie'ii!~n;o:i::::r,!1~~ i:~~=liedr t!;Gr!:.t!1:-:.::n

~1i~;c:e:t!r ~ 1

0

be •'• de by Zr • ntee within thiny (30) day• after Grantee ha• onotified Grantors, by U.S. Mail, of iu election to, ac9uire the right•
of way for the future con•truction of aaid pipelines. It ia agreed that a pipe tine need not be laid in the center of tta ri3ht of way
• trip. Grantee • hall pay Granton or their tenants, a • their reaipective interests may appear, for all damages occ • aioned by the
Jnstallation, operation, repair, maintenance, removal or replacement of any of .. id faciliuea. Gr • nte'e ahall bury and maintain all

pipeline a and electri.c linu (u.cept elecuic lines laid within public highway rights of way) below plow depth, and Or) remo-.al or
abandonment of any of the fscilitiea authorized hereunder, shall restore the 11utface of • aid land, as nearly •• practicable, to it•
ori1inal condition. All pipeline • • hall be located on or within fifty (50) feet of a highway ri,:ht of way line, 1ecuon line rt>~ qva,rte,:
•ection line, or ntabliahed fence liM, If Grantee shalt have exercised the option granted 1n this paragraf«h and • hall ha•e lafd a
1
obti~!t!~e:: ~!;r
i~:ma;cdn::ii~cfo~ t ti: t~sh~ 0~r:;a~~ )f1~:.n1e;~h:1i7cm':-.: :s;ipt1i:
it with a pipeline of 1re • cer diameter, Grantee ahall pay Grantors the difference in compensation, if any, between that already
for 'the pipeline remond and t_hat which Grantee would have paid if the replacement pipeline had been laid in the

!~':i: ::t b/
h,~~ ~~':~1:.

'

,4,

t:!d ~::i=~=

G:::.~;:. ~-:fii«r::!\

AU exlatin1 tile liOea or 4rains that may be cut or diat•rbed by the laying of pipelinu ahall be repaired by Grantee ih

1~~e.uit:~dl

:·:rs 1':nd.

::.~tT:~ :.timn•o~
.;.!:t~~i~: ~;at:t:r1:rrn::c!i~ ,11::t:~i''clr~i: ::rt::!:,:;e~itr~r:~;u!:,~;af:!!h:}
Grantee •1rcea that if furure tilini una-.oidably intcraecta a pipeline 1 Grantee will underr • lce euch measures or in.c:all auch faciHtiu neceH • ry to inaure the proper functionin1 of auch tile, including continuoua flow beyond the pipeline,
5, Gnmtre in aelecrin~ th.e location for any of the abon mentioned atorag~ wells ahall refr~in from drilling or placin~
•11id well ar a poJnt _cloae-r than )00. feet from any exiatia3 reaidential dwelling on,Gr•nor'a.property Yllleaa Gra11tor aareea 1 in
wtiting, to the loc•tion of auch well at a lea • cr diat • nce tllerefrorn,
6. Grlli'ltH • h•ll, in the courae of all operati011a in. thia Asreeanent aathoriaed, qe due ea,c to pttitec::t Gbntm'a ,...,er
1l'r1:t:~c.::ii;,!~l:e
0
:;-:;:e~~owC:::t:'t!1d:::::i~11
~:tri~;P:i b:e~:."~:e~:t~~~
water .upply i • ·ao internptcd,
·
1
'• ' i,± o~.~~-y~ento:.ei:e:,'1:J,srn~ g,i~,emi~:~!~~e~~~~~:C:htc:er.::!~~t; 0. .~~ee d.eed\~:~u~r:;:~·oitGr~~~~~:.~n

~:::.,:t::~~~

:r!~

=~:

.:::,tu?t'.':! ~!:

1

aad' qe:d1t aai_d payMeftta an~ • ba,U c9nunue u the depo • uorr of any and alI • uma payable und~ this A.greement reaardleaa of any
clu1n1e Ml owneuhlp ef Hid land. In the• nent that aU or 11ny part of the premhea under thu A&tffmcnt •re tranaferted to •ny
llrir!• de-.i•~e•, -1rant•n~ or auccf! • -Ou of, t_he Grantou 1: Grantee ahall continue to make the payment ~o the Gran tor• u abo-.e:

rr::1:i~~.:!J(~~:!.::!!:~Jt>J~i~i~tG:!~~~
:r•Ji: ;::::t~~~;:~:
;,y

:,\re·;:::.-:,

1
0
t~ t~hi~~er~;;;::,'~~:.-:·~d:di~if~
alfflt 11te_-.i_011 • deai1nated -herein. Paya1enta made in accord • ftCe with thi• paragraph •hall_.,_: c:.on•idered in full -compliance with
die ~-.laloaa .-of thi• A3reew:nt,
,.. 8. · Grantee and.GrantOrs shall cooperate. _in Htbrina • dl-.i~on of the t&•ea' ~ .. o~ed u.POn ali'ii 1...t, ·ao tll&t the iateff•u
'ef Gr-«~ la the eton1.1e rese"_ oir e••.•Ml'fl\~ well •he-• and appuncna11t aurlacc rights will be aep.-rar.ly ailacfttd frcHn the ln._Ht of GtenlOril ln aa1d INd._ GrafttGl'•,tlltd liraatce co.en•t •d aaree that each will u.tiafy all tuea ,...,erl,- ·tt-.K'd tlfM"l ita
--•Hin Ni4 lMd.
,.
:9, If Grantee • hail per1nanently abandon the litor • ae of IH under sal~ ,land ud ••II t1ot at avch dtne b; •xcrcial• s any
,ti- the riaht •. 1ran.ted by the oil and aas leaac portion of thh iaatrument, Grantee shall fmniah Gran tor • a duly 4u1:ecat~ and re·'"c'aNabl~ retca•e of the ripits ll~rein granted,
· ·

EXHIBIT  

 •

BOOK

6TJ PAGE 524

•

.....

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CIIAL)

IIIALl---,--------------,__IUAL)
Wileganer, dec...ed
- , - : - - - - - - - - - - - - - - - - - - - - . . COAL> ..._ _ _ _.,..._ _ _ _ _ _ _ _ _ _ _ cunt

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·

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. . . lit~

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 pe,m- 137

807 PAGE 82

BOOK

GAS STORAGE GRANT
PIPELINE RIGHT OF WAY AHO EASEMENT

__2_6_t_h______ day of _O_c_t_o_b_e_r_______ , 19 65 by _ _ __

hereinafter referred to as

0

Grantors 0 (whether one or mQre),

WITtfESSETH:
That Granters, owners of the following d,escdbed land in Champaign County, Illinois,,to wit:

The Southwest Quarter of the Northeast Quarter of Section.22; the South 10
acres of the Northwest Quarter of the Northeast Quarter of Section 22, and the
North 6o rods of the West 56 rods of the Northwest Quarter of the Northeast
Quarter of Section 22, all in Township 21 North, Range 7 East of the Third
Principal Meridian

n

containing

acres more or less, hereinafter referred to as "said land",

For and in consideration of the payment o f ~ p e r acre, receipt of which is hereby acknowledged, and other good and valuable
consideration do hereby GRANT, CONVEY and WA_RRANT unto THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation,
hereinafter referred to as "Grantee", its successors and assigns, in respect to said land, the exclusive right, privilege and authority to
introduce natural gas or other gases or vapors (all herein referred to as 11 gas 0 ) into any geological strata utlderlying said land not conif!~~~okila:J ~: 3re~~i~ 0 ~i;e;~isalei:to!ti~{sga(:l~os~~~resJr~~a pbe~~:8nalet;:~;~rt~ ~~ rtg:o:';t~~~g(wftt:~;o~:?~r t~a;~rrse a~:otbeftf~~~~~:
Storage Reservoir; and to use, hold and occupy the Storage Reservoir for all such purposes and in connection therewith and with explora•
tory operations incidental thereto, t~e further right, privilege and easement to conduct geological or geophysical surveys, and to drill,
install, maintain, renew, operate, move a_nd remove at locations selected by Grantee such wells, pipelines, electric lines and other struc-

1:~~

~;:i~~:;

~1:~~il?:!~mb;nt::~te~~Pi~~i~din~e~e8li
~oahat:etlten~i~eh~ s~P'in~re~~s~:S 1:g:~=~e:~:; fr:m r::d:~r~~:r:~id
~rt~:~~s ~~~ e~!~t ~~
and to do and perform such other acts and th.ings as may be necessary for all foregoing pur~ses; all as part of and in connection with
the gas storage project for the storage of gas to be conducted on and under said land an_d lands 1n tbe vicinity thereof; and Gran tors hereby
expressly release· and waive any right of homestead.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns, forever, all subject, however, to the following
covenan~: i:dtf:~0 :t~~tn:he consideration heretofore or contemporaneously paid for the rights bCreinabove granted is at a rate not in excess
of Forty-five Do·Uars (S4S.OO) per acre, Grantee shall pay Granter each calendar year, until the rights granted hereinabove are abandoned

~f

~~t:f~~~•Ma,d, i3~f~~~i~i~~i!nd~~s;:::~1~ii:r/~g1~i~~at;m;°i%0 o~i:;ad!e(~!•t~O!ifa1f :i{~~s~iifne~t f~~fe1:ir~ 1~hi~ai:::!;;:/.1 be made on
2. ?or· each observation well and appurtenances drille_d upon the said land, Grantee shall pay Granters the sum of $250,00, and
Grantee ·shall have and hold determin~ble fee simple title to an area in the form of a rectangle 25 x SO feet, a longer side of which shall
i~a~::: 11se~aii°d a~d~~a~~~r ~o f~r p~~~itfn;~i~ti~n~!!i~hdr~:~,h~~l1 draill~~n~t/~~~0 ~f 1t1~ooo;u._a;det;:itt!~n s1~~i1' h0!v:n a~~th~Vd~ejeft~~~in~bi;
fee simple titl~ to. an area in the form of a rectangle 200 x 100 feet, a longer side of which shall be parallel and adjacent to a property
line, highway right of way line, section line or quarter section line, or an established fence line; Grantee ma:y have the temporary use of
0
b~a~:i:s
:~iic!u~r i;seVnt~~~i~:0t~ °i{'/,J:t!~dsh~~di~~~t o~0 th~e w~itn;ft!i~che::i~ ;~~:tdedf
\,8y 'W!J~t!~ira~0 G;a':t~~~;e1::t 1i!n~~~

3~ J:~~'

:~~rs:t ~he i:a~!r~i!~ ~~:d~:~h!it;~m~~rt~inin

1::,1
d~hlt ;!~a~ra;ge;~~!1l~~\o~. 1&~~~ :1end'!v~y p~~<!i~!f~1s d:f~~~::td~ ;!i~h! :x~\~:tii~et5df ~h~
0

1

0

fingdi p~~{~~{ of~t~:, a~r::{desi~~j~l otrh~h:a~t:~i::::t ~h~r~i!di;h:s:ie~y sJ~%~e~ei~c~i~ye~;~n!:ii~ ~~~~~c\io~e~?tihf~:

~~~~rr~:~:~e;t~r~=~

~~cia::eiYpsi~e!~einrce1~di!~. 0 ~i~~t{f:Oi~:;i~c:~sg:::/~1 f:a~~!~t: 0 xe:di u~!n d~h:~::!! hee~~f: 1:~t blar?h~ItGr~~t:~i.~e~i~ie ~~a~~~e:~:l1 ~eW.
sites shall terminate for non•user as herein provided, Grantee shall, at the request of Grantors, furnish to Grantors a release of any interCst
Grantee may have in said well site; provided, how-ever, that Grantee may reserve unto itself the exclusive right and privilege to store
natural gas thereunder.
3, Grantee in selecting the location for any of the above mentioned storage wells shall refrain from drilling or placing said well
at a point closer than 300 feet from any existing residential dwelling on Grantor's property unless Grantor agrees, in writing, to the location
of such well at a lesser distance therefrom.

0AN'fe~~i~~=t:e~ii~si~~ce~~~!o~;k;~;~~~1:~~ ~h~
other g~~da~~~tJ~~Iu~0b1:0c~~:id~~a~\~:a~~:n~!r:·r:t°e~!b~s JK~i~dc~:Va~vr::3
right, privilege and easement to construct within said land and to reconstruct, operate, maintain, inspect, test, repair, alter, replace,
move, rem_0V:e, change the size of and abandon in ylace an initial pipeline and any additional pipelines desired by Grantee for the trans•
0
~i:t~?~SPrijf1~:e~t!!d s:~:~:i:n~~ th~~:~;rr;r~:t:1. pl~e~:!d th:::t:r tb! thw~!~ 0 ,C.~i~lfnh:~ nse{aelis:r!oori~~i°ud~n~~~h f~~\~ec:~~J~~~

¾A'Rk

~r~h~

~::r:;~~~i~~

:~~f;c;ip~Yrnu::eGi:~:ese ~h!1fah~~~i~b/:igah: ofefne:r~~r: a0;d c:;:eesn;e~~e~ns!ti l~~<!f~~n~o~~e~f:::epeoi~ts \~~
~ttht:~r:ht~,0 ~:i~
ileges and easements herein granted. Granters herl!by release and waive all rights and benefits under applicable homestead exemption
laws.
TO HAVE AND TO HOLD the same unto· Grantee, its successors anQ assigns, forever, all subject, however, to the following
covenants and provisions:
wi4 th h!;ei~~1ft~i,~t:t rc,r!thi 1:retheai~11~8:i~~ e~:fcgr;~~etinhe::t~~~~r f~~r pf~~il!~:s t!~~!~-~~Ji()i)di~~h:s
~ftr\~~
ten dollars (SI0.00);· for ai.f:elines less than twenty-four (24) inches and more than sixteen (16) inches in diameter, a SO-foot strip, seven
0
1o:i~t!chcean;3 e!eJ 0i~p~lln~i~~ 1 0: in
ieed b~ 6tr!~;::.s slta11eb: ~nad~ia~e~:~nfei~f
~ty f
11t~r !f\~~
pi:pa:1ine:1::
been installed. Any pipeline constructed hereunder need not be laid in the center of its right of way strip. Grantee shall pay Granters or
:~:i~v!in~~t:;pi:c!~~t r~;pae:;i~f ~~r,ef~t:11hils.a~r~~r;e:0 ~h~1 iS::gae:d o~~i:/:i~~1fYpi~eeli~~~ta~!~/iel~~t~r:11~~:c::~:~r; d:~~:fcnifnc:;

s~~i~i:/r:1f~~:t:~~ tf5!itit

1f~!:~!id,

t :!:f

ili\~ s/hf

A

s~,:~·>;,li::td

i3o)

·~ri·

i~:

0
;h~dll w/;~~~,~~t1!c
i°lnd,a~~ b:!~tl/ 1~; p~:~~~abl:. 0t~
~i!i~~la~~~1°t1:;i:_nA1i :rte1i~!~e,6:rl~!ific:~;~ 0i~z~f w~~hi~nf1f;;
e,;o) feet of a highway right of way line, section line or quarter section line, or established fence line. If Grantee shall have laid a pipeline
11::s:ri~n rro;a~be i~i;~:11ofn!~~r ni~~~::e:fsb~i1 s:e::v0er ~e;r;~1f~:°!i~:r;eGl:~!efr ~~~~l 0 ip~t~~liof
::~Jh~l p~hyerG~!~~~r~eaa.dditi!~11
greater diameter, Grantee shall. pay ~antors, the difference in compensation, if any, between that already.paid Grantors for the pipeline
removed and that which Grantee ...-ould have paid if the repla,ceaent pipeline bad been laid in the first instance.
2. All existing tile lines or drains that may be cut or disturbed by the laying: of pipelines.shall be repaired by Grantee in good
an,;I. workmanlik~ manner, with. tile drains s~ppor_ted by subs~antial irpn support~ where reqwre'Jr t? the· end ~hat such construction shall
?£°1furt:~: 1\iiin: 1:i:::id~b1;r i~~!~~f::::c: ;~~li~~:sG:a°n~e~a~iii :d:r~~k!erseuch1t~e~hseur::[~: 1ins::rr~:it
!::::r;gtr:~::!:!

~ii:

.°

£:~11l~i:~-

the proper functionins of such tile, including continuous flow beyond the pipeline.
1of p:~~!~0 ::piiy t~!~s~tti;e~;:~ t~t~:!:~~ i~8 ~1t~r~p~=~eb~0 crrr:~;;:-~i::~::ro:,a{fr~~~lf 1%ha1n
the eve~c'3i~ 1
leh:~~st~°at~e ~~tur:eso0
provide an alternate source of water to Granter for domestic and agricultural use during such period as Grantor's water supply is so
interrupted.
All payments hereunder may be made direct to the Granters or deposited to the credit of Grantors at - - - - - - - - - - -

T!

i!r/j

~=

-,----,-c-c-Bank. of - - - - - - - - - - - - - - - - - - - - - - - - - , - - - , or its successors, which is hereby made
1~vce°D~tidi!~
~~fs :t:r~~!~~·:e~!r~i'::!0
!:/~h~~;e fnd o~:~!hi;i~l::Mef~~lni!
a~;po~i 0 ~ea~e!ii~e~11~~~/ ir:t~~e~!~~t
11 ac~:!~f!r ~':, ~~b1~hG/;~~:~~ Yd!~~igr~h;
~i~s u::s~i:: ;'ro~iaeae~titf~i:h;/'!ithe:es(a,°rp:;:~escse~~ifi~tf:s3r•3~~~i::n~fe
premises so transfeff'ed an.d (b) a statem.e.n.t advising Grantee of the person or agent to which payment shall, be ma4e 1n lieu of ~be perspn
or aa:ent ;ireTiously desia:nated herein. Payments made in accotdanc:e with thi• pa.raaraph· shall be considered 10 full compliance wnh
th e provb~~:e,of.:!t,1 •t=:o~:e:~11 cooperate in securing a division of the taxea assessed upon said land, so that the interests of Gran-

~1

:r1 tgt

s!~h

~r

~b: i:r::.t•i:r'~':.!.~:rC:Vinu s:Tdei.:d~s'G:,::~;:e.:dsGr:.e:tr:: ~.:~~:~~•a:?a:r~~r:,•!~:h!:i'li s~:fsfy- :N1ta~~:~~~~!~i~1~:i:d~~!ri'tr:

intete•\~nG7.~~;:~ball penna.o.ently abandon the storaa:e of gas under said land and shall not at such time be exercisi.0.a: any of the rights
granted by the pipeline easement portion of this instrument, Gra.0.tee shall fumisb Grantor• a duly executed and recordable release of
the ri.-,hts herein granted.

EXHIBIT  

 lf Grantors own a less interest in said land than the entire and undivided fee simPle estate therein, then the consideration in
hand p&id has l,een made and the payments provided for shall be made to Granters, their assignees or successors in ownership only in
the· proP.ortion which the interest herein of Grantors bears to the whole and ubcliTided fee simple estate.
This Instrument embodies the entire agreement between Granters and Grantee, and no verbal representation of any agenr of Grantee

shall ~ha.;ge•~fr!~r.~~o°v~:!!net~'"and conditions hereof shall be binding on the parties hereto, their heirs, suCcessors ~nd assi,:ns.
IN WITNESS WHEREOF, the Granters have caused this Instrument to be executed as of the day ~iid year first above written.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL)X ~ .

(SEAL)

- - - - - - - - - - - - - - - - - - - - (SEAL) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL)
- - - - - - - - - - - - - - - - - - - - - 1 S E A L ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL)
- - - - - - - - - - - - - - - - - - - - (SEAL) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL)

The undersigned, tenant in possession of the land described in the foregoing insuwnent 1 in consideration of the .payment of Ten
Dollars (Sl0.00) herebY adopts and joins in the execution of same, and consents·to the enjoyment by the Grantee therein of the rights
therein vesteC in Grant~e.

ae,:: J /cZJ.fl'-4d

-=---==--'--"''°"'""-"'"--'-"-----

74

~..-~. "26-

6c-roeo,

"•·'

65

·.

(SEAL)

- - - - - - - - - - - - - ~ - - - - - ~ (SEAL)

INDIVIDUAL ACKNOWLEDGMENT
STATE OF ILLINOIS

JOINT ACKNOWLEDGMENT
STATE OF ILLINOIS
COUNTY OF

}

__

-

s.s..

I, - - - - - - - - - - - - - - - - - - - - - , a Notary Public in and for said County in -the State aforesaid, do hereby
certify that
and - - - - ~ - - - - - - - - - - - - - - - his wife, personally known to me to be the sam~ persons whose names are subscribed to the foregoing instrument, appeared before me this
day in person and acknowledged that they signed and delivered said instrument as their free and voluntary act, for the uses and p-u.rposeS
therein set forth.
GIVEN under my hand and official seal this _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , A.O. _ _ _ __
(SEAL)

·Notary Pubhc
My Commission expires:

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-I

 GAS STORAGE GRANT
MSP-1

Oll·AND CAS LEASE
Thh 1.....,..... dnt,d thi• r<¼'~
d•y of Fehn,acy
' 196 lby Cecelia ~- Rapp, a widow,
heini one and the same person as Cecilia M, Rapp,

hrrrinnftcr rdt'ricd to a11

11

Gr11nto111° (whether one or mon~),

WITNESSETH:
County; Jllinoh 1 to--wit:

Champaign

Thnt Gr1tntou, owner,, of the followin~ de • cribed land in

The southwest Quarter of the Southwest Quarter of Section 22,
except a strip off the east side two rods wide at the south end and one
and one-half rods wide at the north end; and
The south Half of the. North Half of Section 21; and
The south 56 rods of J:he West 104 rods of the Northwest Quarter
of Section 22, except one acre :being 8 rods east and west and 20 rods north
and south joining Shilo Cemetery on the west side and being part of the
southeast Quarter of the Northwest Quarter of said Section 22, said 1-acre
tract being more particularly described as: Beginning 56 rod·s and 20 lengths
west of the Southeast Corner of the Northwest Quarter of said Section 22,
thence west 8 rods, thence North 20 rods, thence East 8 rods, thimce South
20 rods to the place of beginning,

J

_All in Township 21 North, Range 7 East of the Third Principal Meridian,

cont•inin1 ~ ;l).6 .. ..,.~--•---- acre• more or le •-, hereinafter referred to •• "•• id land", -

I

#65

For and h1 eo11eitler• tion of the payment of
t 00
per • cre 1 receipt of which i • hereby acknowledged, and other good and •alu• ble conaider• tion • do hereby GRANT, CONVEY and WARRANT unto THE PEOPLES GAS LIGHT
AND COKE COMPANY, an llJinoie corporation, hereinafter referred to as 11 Grantee", it• • ucce • aou and •••iins, in rupect to
•• id land, the eacluai•e rlrht, pri-.ilege and authority to introduce natural
or other 1aae • ot ••Por• (all-herein referr•d to as
"1•1") into any geologic• • trata underlyin1 • aid land not containin1 oil or ,a• in commercial qa.antitlu (all'aach • trataMing
rererred to H the "Storaae Re • enoir"); to • tore 1- • in the Stora1e Re • er•on and to retain the po •• ea • lon of1•• ao • toted as
peraonal ptoperty; to re1110-,e 1a• (with uy water ••~u abaorbed) from the Storage Re • er1'0Jr; and to u • e, hol and occupy the
Storage Re • er•o•t for all auch purpo • ea aad in connection therewith and with eq,loratorr operation • incidental thereto, the further
right, prl•lle1e and eaume(lt to conduct "1eolo1ical or 1eophyalcal • uney •, aad to dr! 1, Jnatall, maintain, renew, opeiate, mo•e
and remo'f'• at location • aelected bF Grantee • uch well •, pipeline •, electric line • and other structure •, equipment and a&purten~
1{:!::e~h:Sd'°;~::. ~er::,·;,::e~~d:c:!~:~!rtr.:J•:t~e: e:~:; ~i~tl~n~n'1 to r:u!:J
<:::nt:!::~.~e:,m h:~~e-:,:~;:t

1••

i::.~d,~~

1

d:;

:d

perform- • uch other act • and thin1• •• ~•Y be neceHat)' for all fore,oin1 jurpo • e •; all •• part of and in connection wlth the 1•·11
=~":r~•.:r;o!:i~t-~~r
·!~~~e
::~~:~~~~-on and under aatd Ian and land• In the ,.Jdnity thereof; and Grantou hereby

:!,,•:r.~: ~i

TO HAVE AND TO HOLD the •• me unto Grantee, it • • uccea • or • and a • ai,i:na, forever, all aubfect 1 howe•er, to rhe foUowcovenant • and proyJ • Jon • I
•

l. In the ennt tile conaideration heretofore or contemporaneoualy paid for the right • herein 1ranted i • at • rate not in
excea • of Forty-fi1'e Dollar• (S45.00) per acre, Grantee • hall pay Graator each calendar year, until the right • 1ranted hereunder
are abudoned and releaaed, a • additional con • ideration a • um equal to Two Dollars (t2,06) per acre. Payment• for each calendar
year ilhall be made on or before May 1 of auch calendar year. Failure to make payment on it • due date • hall not reault ia·a forfeiture ·of thl • Al,fcerilent.
·
0
t250.0o~· .~r G~~~e:b!h~TitL':n w:.!~ &:fd ?it::f:.~bJ:• fe~i~i:pli°titI~h~/:~d
ii!'~hetf:r.:hof1~ ~:fta~~i:t;;a11t~~

::.d,
f::, !
8:~71~1.::e a~J:tt;~; G:.::::~~r •~::,h hl:;~::ra:!!~:h:!.;~ !~ii ::u~~~n t~:e.:~~fif,ro~~=:
;hicit:h:~i1t:;:aiie1 :1d adj~:i:=~:•~1;,~~:r~~mfi~:,dhf:i.~ai,;;; ~f !~; ~i:::, !c::i~C:ii:~eo~~~:rt~~o.~~~i~: lhlne~e!,.!~ee:!
tabliahed fence line; Grantee may ha-.-e the temporary use of
area adjoining any such well aites for operations inddent to the
0

i::,ero,• ~~e :!t:ii:tedh:!~:ee

0

#I

l::t

:r!h~e~df~:;.rh!:!in°~r;:f~~Jr/!!~t;h~~$~'.:ia?ir::tG~a:~:!,1
i~:'~~r=d~~e~:y:;
~~ ~~e ;d~;~t;~:r;.o tear:inad~.,:~:r~J,
~ogether with a location • uney and legal deacription of • uch well aite/ • 1 and ahall at d!e aame time tender the payment • ln thia
::::tr:~e''::ldb~1~0 ~·h~p::1: e:!:i L?c~i:td ·rn -~:rtl •.:1:ic8:d1:hfe:z::~~t:n d:~:!:!~bte~y f:;t!~e1:::i~Pe~i:t:; ti~:1
• ite/• or the equipment thereon ia u • ed by Grantee in any manner "in connection with the underground • torage of au, or the extraction of mineral• by Grantee. Upon the request of Grantee, Grantora • hall furnish any and all documents reqUe • ted by Grantee
to nidence Grantee'• title to auch well aitea 1 including, without limitation, general warranty deeds upon the terma-hereln • et
forth, If Grantee' • title to any • uch well aite• • hall terminate for non-uaer as herein provided_, Grantee • hall, at"tlie requeat of

i~o~i::C

:f

~!b:!id

?:::r~u:·~~'!'~~==1:~h~,=~i~~i~:~\:h:ea:l ::rv1\~~e:~~t -~~=t::t::r :::diienre~~~~;:ell • ite; provided, however, that "Grantee may
3 Grantee • hall han die option until March 1, 1965 1 to • cguire t1ghts of war and eaeements for the inatallation of pipe~
line • and appurtenant facilitica (inclu• he of electric lines ~9:i1 in the same trench) across ••!d land whi~h shall in.elude the
ri,:ht to operate, repair, maintain, rem~ve and replace • uch fac1l1t1e-'!;, and _Grantee ~hall have the r_1Ft, to u• c ln connectJon_therewuh a • trip of land of the width hereinafter • et forth, at the follow1ng prices per hneal rod: for p1pehne• twenty-four (24) Inch-ea
or more in di • merer, a 75-foot • trip, ten dollars (tl0.00); for pipelines less than twenty-four (2-4) inches and more than sisteen
(16) inchea in diameter, a 50-foot auip, • even dollar a. and fifty cent • (t7.50); for pipeline& sixteen (16) inches or lesa in diameter,
a·30-foot • trip, fi-,.e dollars (t5.00), Payment as aforesaid, for each and every pipeline proposed to be in • taUed by Grantee, ahall
be made by Grantee within thirty (3-0) day • after Grantee h.. •notified Granton, by U.S. Mail, or ita election to acquire the ri8hts
of way for the future con • truction of • aid pipelince:. It is a1reed that a pipeline need not be laid in the center of its ri8ht of way
• trip, Grantee • hall pa.y Grantor • or their tenants, a • their reapectivc 1ntereats may appear, for all dama,:ea occasioned by the
installation, operation; repair, maintenance, removal or replacement of any or said fadhues. Grantee shall bury and maintain all
pipeline• and electric line • (except electric lines laid within public highway rights of way) below plow depth, and on removal or
abandonment of any of the facilities authorized hereunder, • hall restore the sudace of said land, as nearly as practicable, to its
:~i::ro~1 1i::~i!!0 :~t:tir.~:J1ree:c:h1i!~ilGr:!a~~e0 :h'!1t~~~= !~!~c1!~1 fdt: :;,i~i~~:n·:elr!ttb{. v;:-:r!!::ph•:~d:h!Wtt::cqi:{de:
pipeline and • hall thereafter remo•e • aid pipeline and replace it with another pipeline of the same or lesser diameter, Grantee
• hall not be obligated to pay Grantora addiuonal compensation for the right of way. If Grantee • hall remove • pipeline and replace
it with a pipeline of greater diameter, Grantee • hall pay Grantors the difference in compeilaation, if any, between that already
i~~~.:i~:. for the pipeline remond and that which Grantee would have paid ir the replac_ement pipeline had been laid in the

hr~~

4, All exiating tile line • or drain• that may be cut or di • turbed by the lay-ing of pipelines shall be repaired ~y Grantee in

::IS

. !fua~t:: :.1r:a:cl~~C.U~rin~di.::::.~~= ~:·1:t8er~:rrn:!e!ii tii!:t:~id~!f:: ::r~:::f=:e:ititl~r::;~~1~:.1::g~h:~
1~:'t
Grmtee agree • that H future tilin1 una-.oidably intersect • a pipeline, Grantee will undertake auch measures or inataJl auch fad~
0
1
0
litiea n;~eGr~t;:·i~·:eel;~tin",'°S.:'
;:r !n~u~~
.ib~!:d~n;i~:~du::::!:ww~tl:°!~~i
f;om driJling or placing
• aid well at a poiat dour than 300 feet from •ny exiating ruidenti • l dwellin8 on Gr • ntor 1• property unleH Grantor a1reea 1 in
writ~ng, to the location of • uch well at a leaser distance therefrom.
6. Grantee • hall,. in the cour • e of all operation • in thi • Agreement authorized, u• e due care to protect Grantor'a water
1t;:c::e.h:it";t!~lle•::_it:~:!~: ::~c~ :r::~c:!ow~:t:~fo!Yd::::ti~y.:::~r~~u?:u•:-ai0
b:e~:in~:c~r::-«:r,~~
'Water • upplj i • ao interrupted •

I::!!l:

~~=·

r:rr:~~

~!: ~:~1~:~r.: .

ti1!.

0

0

. NalioJklfyment9ahnelc,eo~nt'fiAllf,.\ffPf:~'Jf~.to•~~e~~=~~r!h {c:ef.oh!~~t; m~~ee ~heed\~:~u<;r;;~:~•oftGrant~r~~!!'fe~i!~

:&'
!oc;:dj~ :~~!,:tt;='::,• :i~ i'•!uccea
:~. cl~nt/b'eu•ee!:n~h~h!:':1iit=y
.:t -:lrtanJ :~ ;~::1~:~a=~d.~"t'U~ tl~!e~!'::tm:r~t :r~-:/e~~!d :! ==~ _
Mita, de•i•ee•, ,giancee•
• or• of tbe Gr~tora, Grantee • ball continue to make the payment to·the Grantor • as above
.r,:!1:~e':r.!!J (~-!e::::!~t'0J~i:t:,ccr:!:t:~ 1:,·~: ;:,-:::':r°~;::: t: t~hi~ter.,!;:::~1:h~lrr:e~:d eji:nH!~ :ttf!e;:::n ·:,
aaent pre•iou • ly dHi1nated herela: Payment • made In accordance with tbi • para1raph ahall be conaidered in full compliance with
1 oi'

11

0

th:e pro•~~jGr~~!'-~l~r:~":,~t-• h• ll cooperate in • ecurin1 a di'f'i • ion of the rasea aaaeued upon • aid land, ao that the iatere·ata

::,~::i-:tG::n:::.
,,,

i~;

i~or:~d ~~t•t:.:~:,:m::J•c;;:!~:i:!:e~':t:dr~e;::t th:~f:~~hi!~fi-.:~{~f~ aii~:~:t:l:r:::ri;•,~~i~d~;~:
intere • t in ..id land.
'
9. if Grantee ahall permanently abandon the • torage ~f gas under ·said land and ahalJ not at au.ch rime be exerciaing any
of the .ri1ht • granted by the oil aad gaa lease portion of thia in • trument, Grantee shall furni • h Granton a duly execwed and record~ble releaae of the ri,ht • herein ,1ranted.

OOOI<

667 P.AGE121

EXHIBIT  

 .-. II\

B001<

667 !'AGE122

' Becau1e of the possibility, however slight, that deposits of oil, gas or other 1•seous or liquid hydrocarbons may be discoTered
in the course of the stora1e operation, referred to aboTe, Grantora do, for the. consider4tion hereinabo!e stated, 1111d· tlte royaltie • herein-after J?rOvide~, fwther herebt lease a~ ~.et said land excluslvelr. to Grantee, it• aucceaaora an·d •.••i.ana; for the purpoN oi lnftstigatina~
ej/'lor1ng, dr11llng, P!<>•pect1ng and 1111n1ng for and producing o\l, aa • and al! other ga• eoua or liquid hrdroc:arboa~ and graot to Gr.aatee ·
al other rlghta, privilege• and eaaementa necessary or conTen1ent to the enJoyment thereof, all such r1ghu belnl herelne.fter referred to ·
•• leasehold J.,ighta. Grantee'• riaht, 1ranted by this puaaraph, to produce mineral • • hall be limited to thoae mlnerah·fo11nd 500 feet Qr
rrore below the •u:rfac-e ol aaid land.
·
'
·
•
TO HA VE AND TO HOLD auch le&aehold ri1hta· '1Dto Grantee, it • 1ucce11ora and aa • ign • untii. March 1, ·1965 and ~ Ion, there•
ofter aa oil, ga • or other paeoua or liquid hydrocarbona are produced from.oa«-~•-• • aid land.
·
.
_

In the eTent • uch oil, gaa, or any ocher gaaeou• or liquid hydrocarbon i• di • covered ia comme;dal CJU&ntitlea Gr&ntee af,·ree • to
~•Y royaltie~ t.o Grantora, theu heira and a1ai,:n1 1 upon the proch1.ccion of •~h oil, 1•~ or oth.~r aa • eoua or liqwd hydrocarbon•• •• ollow11
on oil produeed •nd aold Ir""' ••Id land, 1/4 of the •-•"' reall ..d fro111 ouch aale1
(b) on 1na; lncludln1 culnghead. • • or 01her • • - • hpdtoca1•- • prod. .ed and nld f,- •Id land, 1/4 of 1hc • ..,..,, rHll • e4

· <•>

fr~,n au.: ~h!e•e..,ent oll, 1•• or other 1••••• or itq11111 hfdrocarlion • are dl • eo•er•cl • ncl ~uced 111 ·c0111;...1clal 11•ntlde• i11 • formatlo11 la
"411ch Gronreo I• nol e1orlng gaa or piod11eln1 pa, oil or other gue""• or liquid hydrocar•••• Jn pre,wloH adjacent to tho lan,I of Gran101•
her~ln11bon described, Gtantee 1hall, •• .• prudent oil and
operator, explore for and dlll1••tl, atte1npt to p,odltee oll, &•• MCI other .........
or Jlquld hydrocarbon • h, ·•uch fo11Mtlou, to prevent dra n•a••

r,••

Gr11ntee l• hereby authorlaed\ whenever Graatu 111 It• fud&M.ent deern • It nece ••• ry or • dfl •• ble, to C0tnM1111lda1 the lH • ed p~eml••••
or • part thereof, wl.th nelahborlna and\ attch C0111111unhls• tlon to k nldenced (1) b1 • conttact between Ora•••• • N the ,-idea ownln1 ••
ln1oru1
In ouch ••lsh•rrn,, •••di or (b If GranlH herelo holda oil and pa leaae• co.erln1 Heh nel1h•1ln1 la• d, "1 •e eno_,1.,. ••d 1111•1
. of record of • declar • tlOtl o auch conaa•hlaadOft, T1iete•fter, the commencement of any -.U or the ptOdictlN'Of oll, 111 or ••er paefta
or liquid hydrocarbooa on
p1111 ol the com11NnhlHd area aha II han tha .. me effect u thouah auch -11 _,. .......d, or procluctlH
hacf, on the preni • e• herebf lea • -d, • n.d the royalty oa the oil or 1•• produced from the COffllllanltlaed •••• ahe.U N pap• We to 1hit Orantdre
ot 1he rote he1eln opeclflea, bur onlr hr auch pn,pord.., u the acreaae 0W11ed by the GranlDr• la 1lre ••-•ltl• e4 1,act ahllll bear le the
entire acre•&• In tha corn11111nhlaed ~r•••

••J

If Gr11111oro own a leu lnter.i • t In aald land 1han 1he entire and undivided lee almple utate therein, thee th• conalderatlon In hand
paid hH been made and th• pay.,.nt• pro.ldad for ahall ba mado to Graatora, lhelr aulaneH or auccHaot• In ownerahlp oaly la lht pt0f> 01 •
lion which the lnterut herein of Grantar• bear• to lhe whole aad undl,lded fee al111ple Hlata.
·
Thi • ln • tnunent n1bocUe1 the entire • 1raer11111H bet•••• Orantor• • nd Grantee, • nd no verbal rep118entatloa of an, •at•t ol Gn.ntea
1h9:II ha.-e any fore• ar effect.
•
·

The terma, cnen• nt • and candkfona ·hereof ahell be blndln1 on the ,-rdes hereto, their h•lt~t 1uece1aora •ncl·••••11••
IN WITNESS l'lll!Rl!OP, thla lna1nraen1, conalotlna of I pa1t, la executed o~ the day and year llrat abo.,. wrl11a1,

-"0--',G11.JQ.;.1L.~-••~.....iJuMu..,.,--'GL.1..s-Q-1.,N'l<!l-o~:..._______ (S8AL) - - , - - - - - - - - - - - - - - - - - - (SEAL)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Sl!AL) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SIAL)
- - - - - - , - - - - - - - - - - - - _ _ _ _ . ( S l ! A L ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Sl!AL)
- - - - - - - - - - - - - ' - - - - - - < S I A L ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Sl!AL)

ht-,

The ~eralaned, -•·l•·po•n•lon·of.drt4,,n,f--dttall,n·hr-.- fweaol11
Ja cnalth,etl0tt -,-....,.,_... of Tu D,,llar•
to ij,e enjoyment br the G,antH lherala ~• die rlahli therela nate4

hereb, aclcipta •nd join• la 1h e~ecadon of u-, aad con•-•
1110.00)
n Grantee, .
'JIii,
,
. ~-•••• .po
..,,, ,.,_,,,

.

.

;,)'~..,_4-'.-'~eY:
~,~Trett

""''

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL)
STATE OP •••• J.UJll9J,.S.

•••.•• ~}
• • • • • • u.

ACltNOWLEDGMl!NT ILLINOIS

CounlJ ol • • • •; CNIIIIP~

r f Ia. fr
t

I

I

> •

: a

: :·r i,
t

I

: f :

i-.
:
'

1,-,

. .

...
M

  

WI {and 
end?r?mouq lime "u

use: he noddilhd, Mi min MGIWI
le title to en ?en in the fomofemctuglezsx
ylne; 1:151: we'ly oi wey 00??th 
l' Gunmeht (?Hit Rivet well drilled d:
fee ale: iIt: "12:1, to adage in the ll: of 200 :3 100
in: cent to ptopeny ne, way wey: . sect on 1? 9; 1:
{Wm Reveal: Wmemdueei?g mud:- Mia; 
it tilled we're?. Gtmee shall. i notl ?it
lad-5y U. Hill 'ei mediate tritium in me 013' e?depoeltory herein ddp'ly:
be clad windy-end?; legal description ndcli well like/e. mid ni?hi?ll it due. neu? time tender the pa'ymine in. 1
divided Iat.? Upon tender alignment en elated-id; and the expiration of the 30 dey notice period, Grantee 01$le
ind the well lite/e scribed in slid notlce in fee dimple Mull)! e. for no long - petiod of than dd
thereon in need by (limited in any manner in connection ?withth the underground notice of gin, tit the el-
.. tamed. Upon the reqheet oi Guinee, Gummy ebell impish nay and ell document? teqnemd Gm
did it .?xdntee? title to each well slide, including, without limitetlon. ge?neul inning deed- upon the tense mam
with. ll; Gtimt'ee?n title to my incl: well sites dull tetnul

date In: noa- use: e'e herein provided, Guntee shall, it die 
to Guam: I when of en intake Grunt: use have in did well site; milled, honewet. that Grantee my
exclusive right "end pt illege to llbf? dd ate them er. . 7

all?: air edthotided Melinda, oh 
duel be located on or within fifty feet oi Mthey' tifln of my line

knee 1' ll Guntee she'll have exercised the option stunted ll thin penal" 
heinulodmiidd paling end rcplecc it with mother? pipeline the nine-n! tile!
"t ?6 ?blighted to pay eddit ml compensation is: the right of way. If Gmtee shell rhinoce- 'e ?6
pipeline el and". diemetet, Grantee dull pg (Brenton the difference in compensation, 1! en,
lantern pipeline remaw?e'd end thit which rented would have peld' it the pipe! clued

in. line. i" dreine 81% by the} pellnee the" he 1:pr Gila! 1
Wind unmet intl: tile (1N, 2 1 cited, to ?die and t1: .
i dull not mm in :11 nub-nee or inhale: . d; . e?fne't'u almanac ?nd
me! that it fume tiling unavoidably odd: been!? at 
litiee" to linden the pinpe in, l: [he 

well 

 

..:,

;~.~. v;r;~: ID· .~·Y~~·1

f:-.F!:lX'r:::. ·1Ytf

,.... , >-.

~ ~

·.

~-

: ~· _.,,,.. "'-"!
·\

~::-'"':~~~w::....,;;...._ _ _ _ _ _ _ _ _ _ _ (SIAL) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL)
~;H,i...,.~iitiJ,44~""'~...__ _..._ _ _..,...._,..(SIAL) _ _ _ _ _,___ _ _ _ _ _ _ _...__ _ _ (8!AL),

csiW.;),,.__ __._ _ _.._______________ (SBAL)

:.,,,~~ a.t. po-...alN of,dl1 ltttit4 iljiMflll.itlf la the f~~~ol.. lll111W1Mti11 la ........... •f .th ,-,-iti of TH Dollar•
• ..W .. lol••:111 1W>1Heutleil of NMI, and ,ffllfflit• te th 11ttfo,t111tfl a,, the 0Mat1it thritln ,1 the tlah• tluir1l11 'Httlll
, 196L...
(SltAL)

,~

 MFC
MP'C
MP'C

GAS STOR/IGE GRAMT

MSP-1-Spec.

217l~J
21714-4
21722-3

Oil ANO GAS l.EASE

20th

Thi.- lfl11tr1tt1trnt d,ttt'J thh

d•r

March

ol

, 19<il, by

Rey W. Hannah and

May E, Hannah, hill Yi1'e

WIT ME'S 5 ETH,
Th,u.(fr1U1tou, _o..,.er11.er tht- fnllowln,: ducrU,cd l11nd in

Cbaapai,zp

Countyt 1tlllnoia,

to-!wlt1

The Southeut Quarter of the Southe&11t Quarter of Section 15;' the We1t 8 acres
of the South 24 acree .· ot the Southwet Q-ner ot the Southwe11t Quarter of
Section 14; the Horth 48 rode or the lortheaet Quarter of the Northea11t Quarter
of Section 22 and the North 6o rod.11 or the Ea11t 24 rod.11 or the Northvel!t
Quarter of the Northeast Quarter of Section 22 all in Town.ahip 21 North, Range
7 East or the Third Pr:l'.noipal Meridian
cttt1talnln1

---'81=-------- acre• ntetrc or lcH, hereinafter referred to•• " • -ld land",

For and in con • ldeH.tion o( the payment of

Sixty-five Dollars

per acre, receipt al which 1. hereby aelcnowl

4

A1f
DdC~K~ t~~A°;JY,"~n"i:Un~1i: ~:"r;!~::~;!7"hc':i!:f,:~r,~:,~:l;oc~.N~~~•n•t:~ •~ Al~:'::c~c°:::, ;~!d P•~~ig~~,~:.s.;~~t''t!
• -Id land, the exdu•ln rlrht. p,i.,Hc1c and authority to introduce natur•I 1a• or othct 1uu or Yapon (all h_ueln referred to u
0

"110") into any 1eolo,:lca • trat• underlylna Hid land not containing oil or fa• ln commercial q u.nthlu (all' • uch • trat•:~lna

:~St;:::~e
R;::;:~~~)~n~ :!:;: ::;,;:
an

S:o~::e t~:::!:,~~e

h:tr:.;:c-::~'th:

0
r~ft~:~, t:,:;e~h~
:t:o~:'df ir~:·tti':0
~·:oe~~:,"
tora1e Renr•ofr for
• uch purpo • u and In cont1ectlon therewith and •ith exploratorr oprration • Ind dental theretor the 'l'urther
right, prlvlleae and H • eMent to c011duct 1eolo1ical or 1eophy • lcal • urn)••• and to drl l, in• tall, maJntaln, renew, op~te 1 mon
and remove at location • aefected i,y Grantee • uch well •, pipeline•, electric line • and other • tructure •, eqwlptnent nd alp•rten1
j::1~1!~ <::ir:~d=~-~eto'"h~~~e:::'!.~td:; 1{:;::e~h:~eJo;~r':.:e~o~v;,:t~e,.'d:c:!~:r::rtr.!~a:,c~e1:e:~:r~
r;:'::J

-;,!t:in~n'1co

perform auch ()lher act• and thin,:• a • may be n«ce .. • ry for all fore,oin1 /urpo • u; all u part of and in c:on,u:ctlon with the aa•
=~~,r~~~r.;l:1:t.~~r ~~d '!~j~!e
h:~~~~:~.on and under Hid Ian •nd land, In the vicinity thereof; and Grantor • hereby

:~1:1·.~~ :;

TO HAVE AND TO HOLD the aame unto Grantee, it • • uccnaou and all1ign1, forever, all • ubj«ct, howner, to the lollowcovenanta and pro'f'l • Jon11
1 In the event tKe conaideration heretofore ot contemporaneou • ly paid for the right• herein granted i• at a rate_ not in
eaceu 0 °f Forty~flve Dollar• (•.f5.00) per acre, Grantee ahall pay Grantor each calenda1 year, util the rl9hta 9rantad h•Hunder
are abandoned and releued a • additional conaideration a ,um equ11J to Two Dollars (12.00) per acre. Payment111 for each calendar
year ahall be made on or before May 1 of •uch calendar year. Failure to make payment on it, due date • hall not reauh in a forfeiture of thl a Agreement.
•
.
.
$250 00 2' a~::' Ge,::~e:b:h~Jit:ve
1!t~~~i~~bl! 11 fe~tl~f~pJ?°ti~I~het/:~d !::.d 1ii!'rth:1 f:r:hoa,1~ :::ta~~j:t;;• xt~
lonA~r ~Ide of which ahall be parallel and adjacent to a property Jine, hiahway right of way line, section line or quarter aection
IJne, or an e • tabliahed fence line; Grantee • hall pay Grantors for each injection~withdrawal we·U drilled the • um of fl,000, and

w:~~ h~tt

;;:;,°!

=~d

~r !~; ~i;::,

0
~hi~he:h~~il~h~:~.iiei
adj:~~e,:~:a~l;r~~:,~tmn~:.tih:;h~a;" rr;h;
!e:tj:~tii:~eo~~~:rt~'!°-~:~i~: linne~e;r ·!~ee:~
tablished fence line; Grantee may ha•e the tempor•ry use of an area adjoining any auch well sites for operation • incident to the
maintenance and repair of well • drilled thereon. Grantee shall give Granton 30 daya' notice of ita intention to have and.hnld any
of the well aite/11 herein provided for, by U.S. Mail at Granton' last known addreu or in care of the depo•itory herein de•ianated,
together with a location •urvey and le,i:al description of such well sitc/11 1 and •hall at the ••me time tender the payments in thia
:ft':,grh~/r:nvJdh:1~"r;h~p::1t:~:i J;t:c~{~td ain a~:'/:t:i:;ic"endJ~hfe: x!;~a;::id:!et;:i !~btea,y
:e1:::ir:i,e~{:;t;f t~:I ~!h:tf

:f

1:':

11ite/11 or the equipment th~re,on ia uaed by Grantee in any mRnner in connection with the underground &torage of gas, or the ex•
traction o{ mineral• by Gr•ntee. Upon the reql.!e•t of Grantee, Grantora ·ahall furnish any and llJI document• requested by Grantee
to evidence Grantee'• title to auch well 11ites, including, W'ithout limitation, general warranty deeda upon the te.rms-herein aet
forth. If Grantee'• tide to any such well sites ahall terminate for non~user as herein prodded, Grantee 11hall, ftt die request of
;:~~";,t;:s~~~rt:~.:~h~r:~~1~-.i~er~~;h:ea:J ;~lvi1~~:et:t

-~~~;t~;,::;:r !a°.v~h~~e:~jietell site: provided, howenr, that ·Grantee may

3, Grantee shall have the option until March 1, 1965, to.ac9uire fl8hts o( way and easeme~t• for the,installati,on of pipeline, and aJ>purtenant fadlitieJ (indu• ive of electric Hnes ~a.'1 1n the ume trench) acroH •a!d land 'WhJ~h ahalJ 1n_clude the
ri~ht to or,crate, repair, maintain, remove and replace auch fac1llue~, and.Grantee s_hall ha.-e the r_18ht. to use In connect1on_therew1th a ,trip of land of the width hereinafter set forth, at the following pnces per !meal rod: for pipelines twenty-four (2-4) 1nchea
or more in diameter, a 75•foot etrip, ten dollars {$ 10.00); for pipeline• lea a than twenty-four (2-i) inchea and more than • iirteen
(16) inches in diameter, a 50--foot strip, acven dollau and fHty cents (S7.50); for pipelines 11ixteen (16) inches or lesa in diameter 1
a 30-foot strip, five dollars ($5.00), Payment •• aforeaaid, for each and every pipeline proposed to be installed by Grantee, ahall
be m:.de by Grantee within thirty (30) daya after Grantee has•notified Grantors, by U.S. Mail, of ita e.lection to • c9uire the rights
of 'way for the future con • truction of • -i~ P.ipelines, h hi ~greed th~t s pipeline need not be laid in the center of lta _ti9ht of way
strip. Grantee •hall r,ay Grantors or their tenant,, as their respective 1ntere11ts may appear, for all damage11 occa91oned by the
installation, operation, repair, maintenance, removal or replacement of any of said fadlit1eB. Grantee •hall bury and maintain all
pipeline a and electric lines (e,i;cept electric lines laid ""'ithin public highway rights o( wa7) below plow depth, and on remov11l or
abandonment of any o( the facilities authorized hereunder, ahall restore the ,;urface of satd land, as nearly as practicable, to ica
oriAinal condition. All pipeline• ahalJ be located on or within fifty (50) feet or a highway right or way line, aecuon line or quaner
section line, or eatablished fence line. If Grantee shall have exercised the option granted in thia paragr•ph and shall have laid a
1tr:n1e:hah:,in:eem':v1::•;ip~\i~eet:;d
:~';i:'::r bed o~t~t!~e::~!;' G;:n~;;s :•;ifitf:!:~i~:m•;edn::t:,,cfo!tc;:t~8h~ 0

~~:.~~"tr

~!:j~;:

ii with a pipeline of greater diametN 1 Grantee •hall pay Grantor11 the difference in compensation, if any, between chat already
paid Grantora for the pipeline remand and that which GrRntee would hue paid H the replacement pipeline had been laid in the
fir•t instance,
.f, All exi • ting tile lines or drains that may be cut or disturbed by the laying of pipeline• ahall be repaired by Grantee in
.h.i7mnao~1~:~uiti:~JI .:~:ta~~= ::al:,:r7:re'::;e!i~,
:::~::!~f;;:e~ithe;\,~'~~;u!~1 t~:ai:ig~h:}
1~:d~.
Grantee 11.grees thot H future tilin8 unavoid11bly inter9ecta • pipeline, Grantee will undertake 11uch meaaurea: or in • tall auch faci-

::.~t~i

cit::t:~id~!r::

:~JS

rt:

lities n;~e~r:':t:: 1~-:~e1:~;i:;0
::~!:t:jf!r 0 !n~u:~ ~~:· .ti;~d!::n~tC::,~du~t;!!:w-~ir:n:h!1i reit:~~nf;om drilling Of placlns
snid wt"II ut a point doaer than 300 feet from •ny exi •ting reaidential dwelling on Grantor'• property unle • a Guntor agree,, in
writin,;, to the loc•tion of auch well at a le• aer distmce therefrom.
6. Grantee shall, in the cou111e of all operation• in thia Aareement authorized, uae due care to protect Grantor'a water
11uprly, In the event it ia demon • trated that a aource of water supply preaently used by Grantor i • interrupted by Gr•ntee'• operation, Grantee aha II pto.-ide an alternate aource of water to Gr•ntor for dome•tic and agricultural use durina auch period a• Grantor's
•ater • upply ia • o interrupted:.
llati 7. A~ payment• -h.ere\lM.Y::"',i[f!.Jlla~re1:t to the Grantora o.r de,poaitcd to the credit of Grantora ac
--· <;JD&;
- Danie dfDlllllJ-.--:-SU•----lor 1u s,ucceuora, which IS hereby made die lawful agent of Guntora to tccene
and·c,edu 1a1d payments and ahall cont1nuc a • the dcpo•nory of any •nd all ,ums payable under thia Agreement regardle• 11 of any
chan,:e in ownenhip of aaid land. In the-event that all or any part al the premises under this A11eemcnt are tranaferred to any
heirs, deviace •, -,trantee•, or • ucccs1ou of the Granton, -Grantee ,hall continue to malce the payment to the Grllllton -•- above
::::!1:r~edt!J"(b; S:e!.~!~~n't>a.~~i:i~gcG:!~t~de 1~, atl~ 0 ;:rr::t~r0 ~;:;th t~ 1~hi:~er,,!;:::~1:h~{ti1,!e~;J:di~i
':r
agent·rrnioudy dcai,thated herein. Payment• made in accordance with chi• paragraph ahaU be conaidered in full coMpli • nce •hh
tile proviNon • •f this Agre-ernent,

First

:~~

.

tt,rce;::::n

~i11

of Grant~e r:·t.::c.:o~!lt~r;:.:~:.~a~~ :::::::~e::, t:i~~n:nd :i;;!!:n:~,'~~rtf~:~., r'i;h~:
uc~::!~a::i; 'a ~t:t:::i~:o!:~hrcei!~
::~::!.~fi,?:aai~o1:nid. Hid lend ...Grantora and Grantee c~vcnant and agree _thn. each will aatis[y all caxu properly levied upon iu
9. If Grantee shall permanently abandon the • torage of gat w,d.er uid land ~d • h•II not at aucb time be eacrd • ing any
'." the rights gr11nted by the oil and gas lease portion of this instrument, Grantee shall furnish Grantora a duly e:r.ecuted and re•
corJable r_eleiue of the ri,::h1s ht-rein {:ranted,

800K

668 PAGE 41

EXHIBIT &

 r

-

BOOK

668 PAGE 42
••-u

Bec• MH ol the poulblllty, howcnr •llaht, that dep0ltlt• of oll, a•• o, other
ar liquid hydrocadooh INP he ·dl•co.,.r.ed
ht the• couue of the atotaae operation• relel'red -co •bo•e{ Gcantora do, ro, t~• con•lderadon herel•ho•• •t• tedt and the ro:,altle• hereinafter i,rwlded{ farther hueby .lean and let ••Id land uc ••IHlp to Grantee, it• H<c•-• .... • 1el1na, !Of the PllrPON of lnwadptlng,
uplorliqi, ·drl 11111, P"'IP.ICUn1 ,1111 mlnlna..(or •nd p,odMCll!f oil, pe, .... all otha - ~ • or llq•ld hydrocarbGlla 1 •nd INftt• to Grantee
all other rlaltta, prl•fleaea •nd """""'"l• ncce • H'1 or eon..nlent lo tho eRjo,.,elll theiwol, all nch rl3M• beln1 ncrelnaltar.relerred to ·
aa. l .. Nholil ~l1ita, GraAtee'• rl,ht, sranted by thla para1r..,h, to rrodee mlaet• le
1Ulllte4 !UliDM .,..,_..,..,.,. 500 feet or
...... 11e1- Iha ••l•ce of ••Id ......
.
.
. .
.
.
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TO HAVE AND TO HOLD auch le• Nhold rl1h11 ••• Gr-•, Ito aac•ea-• w ual..a -11 Nerch I,' 1965 and_ iNi.lon, there•
- • or other a•n ..• • ll1•ld hydroc•bon• .,. p,od•ced frOM ~ 1•
l1 111 J • • • Nl~ l~~N• ..
,'
In
eKli oil , .. ,.or .., otber 1 • N - or liquid hydrocerbo• la dlsco•ued I• ..,._rcl~J•ntltlea Gu11_1n· qreea t•

after•• 011 1
·

the .,,.,.
Gr••····
dial, holrji and ...1,..1• • die ;...r11e1leti of ..ch oil, ··~ or othn ....... or 11, d hydrocarbon•, •.• lollowat
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.
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. ·

e• Y royaltlo~ t111

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·,r;ii.ded ,,.....,.,
or • P•I lhe11ol, with oel• hi.rlfta • "41- -It c-lllutl" te M eflNH~ (a) Irr • -INlt ..._
ON. . . • 8',1i. ,-ltl•~·oW11la1 aw
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al tecord ol • decl••IIH of 1vch •-.,,hl •• tlo•, Ther-• ltet, the c01• 1111• nme01 el 1np .,.11 or IN ~ t i.. el all,,., •••11 8"'"""
or llquld h,d- • ri.u •11 .., part el tho --111,a,1 .,.. oh• II " " tho N • olfect u thooal, nda well wo,i--• Htl, or ptoilectloo

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hod, on tho p,eml1eo herobr.- le• Htl, ind tho !Ol'• ltp o• ti. oll ot 1•• prodHa,I lro11'1he co-•111•14 ahall N p•y•W• to thir Oron•r•
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I• ... •-•ltl • ..i 1rae1 1b • ll .,_., to the
1c11•,. hi the """'""'"'••• .,...
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pold h.. 1,,e.., '"""• ...t tho pay1• H1, prMlded for ,hall It• ntade t• Gr1111eu, their • nl... He er oacn•-• ID •••rahlp only I• rho prnpn,,
II"" which th• lntereet horeln of Oriinror_1 t..111 ID Iha whole ••• ui11ll•llled IH 1lmplo Htate,

an.•••

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 containing

_2_8_5~•~]5~------

acres mort" or less, hc:re.iraher rc:frrred t-0 as "said land",

For and in consideration of the ·payment of On-e:·.Dollar ($.1.00) per Sere. receipt of which is hereby aclc:nowled~ed. do hereby GRANT

CONVEY and WARRANT unto THE PEOPLES GAS LIGHT AND COKE COMPANY, an Illinois corporation, herdnaher.r•f•rr•d toas "GRANTEE'

its successors _and assigns, in resrcct to said land, the ri~ht, privHe1;e. and ea•emcnr for a period of rhrc:-e (3) years .,"-,om the date her·"of· t,
conduct ,11;eolog1cal and ~eophyaica e-xploratory (')per_ation,
uqdcr. a"d. upon aa-id land, including, but not limited t~.. :·the drillin,i;; of res
~ells for thr pu~pose of a.sc('rt'_linini th·" 8eological ,;;uucture/ • underlying said land and the further right to inject and withdraw gfls_ on :
pilot or.tr- st hH su. only, under ·aaid. hu1,d ·( s.Bi_d inrection and -Withdr.~waJ to be con'!ple!ed within t~e p_eriod of the righu herein gran~ed) and ii
connectlOn therew1rh, tht" further nght, prtvdt'ge and easemcnt to tnstall such ptpf'lrnes, elt"ctrtc ltnes and other s,trucrures, equipment an
appurten1rnrrs as Grantee may deem necessary or desirable; to remove therefrom all property placed in or on said fand by Gi'antee; to hav
the ri~ht of in,:ress and e#trcs,s to, from and acrQ • s said land at·convcnicnt locations.

:in,

TO HAVE ·AND TO HOLD the same unto Grantee, its .succcssor.s and •~signs, for the period of three {3) years from the date h~reo
provided, how('vr-r, that Grantee shall have the riiht, upon the payment of an equal sum, to extend the period of the aforementioned rights fc
three (3) years (such 3_-ycar period, or any extension thereof, hereinafter referred to as "the option period").
•
Granrors further grant unto Grantee the ril(ht and option, to be exercised by writtf"n notice given to Grantors, sicnt by certified m~i
on or before the .expiration of the option period, said notice to describe said land or such portion thereof upon which such option is exercised
and upon the payment to Gntntors of the sum of Sixty~five Dollars (S65.00) per acre, less such sums per acre theretofore paid under the term
of thi • inatrunlf!nt ro Grantors, and Granton agrec upon the receipt of the written notice as provided herein 1rnd upo!l the payment of such sum
that Grantr-e shall have, and Grantors hereby GRANT, CONVEY and WARRANT, upon the exercise of the opuon by Grantc-e, the exdusiv
right, prlvile~ir- and easemrnt to introduce natural gas or othe·r fases or vapors (all herein referred to as "gas.,,) i"nto •~Y 8eological strat
under1yin8 said land or such ,J>Mtion therf"of upon which 111uch opuon is e,erciscd not containin~ oil or A•s in commercial .~uantities (all sue
strata herein referred to as the 11 Storage Reservoir"); to store 8as in the Storage Resir-rvoir and to retain the pOssession of gas so s(or.cd a
persona) property; to remove gas (with any "Water vapors absorbed) from the Storage Rcscrvoltj and in connection therewith and with cxploi-ator
operations incidental thereto, the further right, privilege and easement to conduct geological or geophysical •.urvey •, and to drill, install
maintain, renew, operate, move and remove at locations -selected by Grantee such wells, pipelines, electric lines and other structwe:'a, eqWpmer.
19:nd appurtenances as Grantee may deem necessary or desirable therefor; to remove therefrom all property placed in or' on said land by Grantee
including -well casings; to have the right of ingress and cgre_ss to, 'from and across said land, or such pordon thereof upon which such optio
is exercised, at convenient points; and to do and perform .such other acts and things as may be necessary or convenient for all foregoing _puI
pases; all as part of and in connection with the gas storage project for the :istorage of gas to be conducted on and under aaid land and land
10 the vicinity thereof; and Grantors hereby es:preasly release and waive any right of homestead, all • ubject, however, to the following covenant
and provisions:
'
,
1. In the event Grantee shall not ez:erci~e the option herein granted on or before the e.:piration of the o·ption period, Grantee shall
after such e:a:piration, upon request of Grantor, execute a va-lid release of all rights herein granted.
2. Without regard co the paymepts hereinab,c:,yc provided for, Grantee shall pay Grantors (a) for each ~J:ploratory WcU without above
grou·nd permanent appurtenances drilled on said land .dwing the option peiriod, the sum of $50.00; (b) lor each observation well and its appun
cn • nces drilled on said land the .su~ of 1250.00; (c) for e,ach injic-ctio1f,...__ ,-ithd,!•wal well drilled after c:he es.e-rc_ise of ch·e opt.ion hereinabov
-provided foe che sum of SI ,000.00i (d) _for each line.al rod of pipeline OndUsi ve of -electric lines" instalt.ed in its -tr-rnch) not located on a publi
highway the sum of Ten Dollars (110.00) for said pipeline if twenty- four (24) inches or more in diameter-, Seven Dollars and Fifty Cents (S7.5C
for such pipdine if it is leas than twenty-four (24) inchea and _more than sixteen (16) inches ,in diameter, and Five Dollars ($5.00) if sue:
pipeline i.s sixteen (16) inches or less in diameterj (e) for each lineal rod of electric line not located Qn public highway or in pipeline_ trench
the sum of Five Dollars (S'.5,.00); and (f) for all other installations the reasonable compensation therefor. Payment for any well shall be mad
prior to its installation, and payment for any other facility it.hall be made promptly after installation.
3. Grantee covenants that any exploratory well drilled during: the option period shall be casCd and valved at che sur_face or plugge,
in accordance with a.:>pJicabJe scare regulations.
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4. Grantee shall pay Granton, their •ucc_=essors in interest and/or tenants, as th.cir 1.espective interests may appear, for all damage
to growing crops and timber, fences and improvemcnu, occasioned by the installation, maintenance, operation, renewal or removal of pipeline
or other facilities, except at well sites.
~. Grantee may occupy for each storage in/·ecrion-wirhdrawaJ welJ, its fixed appurtenances and any structures and equipment necessa-r
to itS operation, an area in the form of a rectang e two hundrcd_feet by one hundred feet, the longer sides of which shall be adjacent to a pre
pcrty line or a quartet scctio. n lin..•. •. and Gran. tee m.ay have temAf'.·r..•'Y.. •.·•e of .an adj·o· in.ing area f0:r operations incident to the operation, mai~
ten • nce or repair thereof. Graotee·.-may-enclose all or any part Qf. e•cb·-11ii:uch weJl &ite area with a fence, and shall ac Grantor'• written.teques
so enclose each such well and it•_- appurtenances. ·
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6. Grantee may occupy for"each ob&l!"rvadon -.ell, its -fixed_ appurtenances, •nd any structures and ~uipment necessary m·irs operation
an are-a in the form of a rectangle 25 feet by 50 Je~t, the JonJJet sid•s_of which _shall be paralleJ to a property line or a quarter section line
and Grantee may havC temporary '1.J.11!"~ of .an adjoinips area for opctation:,: incident to the openuion, maintenanc~ or repair thereof. Grantee ma;
en dose all_ or any part of eqch,. •_u,ch ~11 _she area Wrl'ith a fen:c~,,:,.,nd ~hall, At Grantor's°' Wt~t~n tcquest, s_o C'nclose ea~h s11ch well and it:
appwtenances.
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7. Grantee shall bury and maintAin all p-ifdines and el~~ttic .Jines (except where electric lines are pn ~ubli<: high..,.ys) l,eJow plo'\11
dep_th, and on .the removal or_ ab_andonmen~ of _any o the facilities authorbed hereundf"r, shall restore the surface of •aid land as near as practic
able to its ori.sinaJ colldition.. AU pipelines ahall ~ located on _o·r within _fi{•Y ,i~et of -a. property or quarter section li-•ie•
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8. All ·tile drains that may· J;,e cut o_r d'is~urbed by ea:.rrcisc of -.any of the- r_ights hereby srantcd shall be tepai-l"cd by Grantee in a aooc
and worlc:manJike manner, with t_il~ ,dfiti1-s. •upported by substa .. ti.al -iron fupports where required.
·
9. Granttt in • electing the .Jocation for any of the at•ne me'n~K>ft.ed ·uorag,e :wells shalJ· refrain from drilli~g or p1acing _sa.id well at 11
point cJoser than 300 feec fron. •;.,y,.'.existinS, residential dwelling on ,Gr~ntor'• property 1,mless Grantor •Arees,; fo wriung, to the location oJ
Such Well at a lesser distanc:e the~from.
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10. Gratitee shall, in the '~1,trse o( •II o_peradons in_thiis. AgtC"f!ri\ent authorized, use due care to protect,Graator's water supply. In rhc
· ev~t it is ~emonstrated _that • ...aource . .of_ water _-• upply presently. used by G~a~to-r i • interrupted by Grantee'• operation, Grantee shaU provid,
an a_lternare ,source of water to Grantor for ~e~uc and a1dcu~t,iraJ ;-u•e during such ~riod as Grantor's water s11ppJy is ao intcrru.rced,
.
__
Because of die poss-i'bili~y, bowever slight, that oil, g~~"or···other·gaaeou-s or liquid hy\f,ocarbons may be dlscovered_i.ri the ~ul,'•<!' 01
the exploratory- opcratiohs referred to above, Grantors do, fOT•_the_::O'.>nah(eration hereinahovt' ·st_ated, and the royahies hereinaftet_.provid~d,
funhe, ,h;reby .,lea~e. and lei. _said ~n.4.-C'~C l~si vely to Gran_~ec, its ~fµ.c c-rssor.•. -~rid• assigns, for. ~he_pU1P9_se_ of investigatint, ea-:plorin&:,' .~lrjlllttg,
PfospeC_ung -and ·mm1ng for and· procfuc1nx o_i). ,_,.as and i\H n,t~fr-.,Ba;,wousibr h-qutd hydrocarbons,:•~ '8!•nt co Grant~c all other u~hts. -.~1~1l-e-,8"e.s
and easements ~cc~ssary or conv~fli_cnt to :tf•c- c·nioyuwnt F~n,ivf.
,

 ,~rid'..:_~:;~1·gt~,

. TO' HAVE A.Nl) TO HOLD :1u~h lra!l.rht1ltf rif(hts unto Gro-;~tc:e, it!I s1.ic,·,i:-ri~i.:1ri..
for the option period and so long thereafter
aS 01I, gai ot othPf AAscous or liquid hyChoc itirhons an- 1>r0tt.~cd from the_'._a_boy(". ?e_,s-eri~(l premis<"s.

•- <.,!n·_ ...,h'e l!'Veftt•.·such oil,_ ·gas,_ or ilOY othrr Jcaseous :or tiqu,id·hydroC-~r~i; :1~. dl5·covcre_d in cotrtffl'r.rci~/q~ntitlc, ih the cou-rse of such
eX°plor;a.tof)' _op~.r•d~-, Grant,~ •ire es to ray rny11lties to _GtM.i:o.,~. their: lieirs--· and aNsigru,, uptil'I · ~~e produrtion of such oil, gll!I or other
,taseou~ _Of liquhf:_ ftyd'tocRr~n•.... as fol.lows:
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(a-)_ o~: o~J_-y,,riSduc.e'd flftd_··~old from-said land-,- 1/~ p-f th_e- amou_nl 't-•lil'!C-tl ftom-~uch ,;aJ~; _ · ·
. _
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{b) ~ ·-•••• • i_nidu<IJfl{t casin,thead ~,. o_, other g11seov.s hydTocarhoi:ti,; .·.lJroduced and sold from ffid ·Ja-nd, 1/4 of the amount realized
froi-n su,(~·.aa-le... ,
. ·r
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:
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· .,:-:
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:
__ . ,· 1n' -•~- ~Y~nf.,_oi_J.-.- -&l',-,1' other. gaseOti~. _or liquid ~yJracarbons •r-e. dil'coveted· and produced ·in cttmmerdti.l qua·ntities in • formation in
lllh~d.t G,-nfi';e is "P'~--•-toriryf,.p• or -producing, g.,u, o.il- or. oth._er .g,seous. ~- Hq~id, ~yd,oear;bont1, in prem.·ls"e,• adjacent to th«- l'-nq of Gran tors.
herein•~e-descti~~Grm-nt-e'.f_ 'ilhal_l. •~a-prudent oil and, gas_o_petat0t, cxplor~ for and dilig_ently.attempt ro pr~ucc oil, s;as and other g_• scous
or ~iq~iQ htdtoc•r~•- ,.in- 111,1ch formations, to •rrr,.f"nt- 4'ain•·,te •.

.;w~~ftr:

Gnent~..i•· 'hi~by authorized, _whcne-vC:r Grant~~- ih its
d.e-:e-M!I:. h nece • sur .'or 'ad•i--~1-c, to comniiun-itize the lca~ed premises.
contract between Grantee and t~ panie:q. owning an
inte,"_rst
in'.su~_h 'neiP!boti~ lad; or_ (b) if. (_jran.tee herein holds o.iL•~ f'a-e' .lea,iea covrrin~ such neighboring l~nd, by ~r execution and filing
of_ record of • dedar_auon of -su.cft _communmzauon. Thereafter,. the commettcetnent of Rn)' """ll or the productJon of 011, g_•S or o~iu gaseous
or liqvid h-ydnkarbons on any_ pa_~• of the- commul'liti_r;ed area- shall h•v~ the Mme effect • s thousl,; such well were commenced, or production
had, on the pr:~mi.a,es hereby, Jeuied, and- thr royalty-~ .thr oil or ~as. procfoced from the connunhizect at.e--sl:t.aU be payable to the Grantors
at the· rate herein sp.edfie_d,, bltt.- only .in i;och f'ttl('lortion •• the acrc • 3C:. owt1ed.--by,t-he Gfan-mra: in th~--communitbed tract shall bear to the
entire acreage in rhe communitized are11.
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'« a l'•t therf!af, __1".th:_ nd,t;hborinJ land; such· communitizati(H' to. be. evi-de-ft;c.ed (,) by a

If Grantors Own a less intere!'lt in said land than ch~ entire and undivided fee Sifflplc estate therein, then the consideration in hand
~id h;1,s been: made and the payments provided for in puag_raphs 1. and ~ her-to{ shall be rrJllde to Gran.!'Otl.. their assignees or successors in
ownership only in~- propo·rti~n which rhe interest of Granco_rs ·bears t~_the wh~le_ a~d ~~divided fee .si~y,li estate!.
Tf:li• lrtau~·nr em6oc:i'ifis the entire asrerment betwe'en ·CrantOr'~ and Gt11ntee, a'nd no verbat' representatiOh of any agent of Grantee
shall have &AY force or effect.
8

•

The tc-r,na, coveon • nts and conditio,ns hereof shall ~ bindin,t on the parties hereto, their hdu, successors and assigns.

.

IN WITNESS WHEREOF, this instrull'lt'nt, consisting of 1 pa,ie, is exett.itt'd. on the day and year first above written.

____c____(SEAL
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(SF,A;L)

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Sii?C-i?YA ·ar
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•

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(SEAL)
(SEAL)
(SEAL)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL) - - - ~ - - - ~ - - - - - - - - - - - - - - < S E A L )
. The undersifined·, tenaiat in pci'ssession of the land described in the for,cgoing inatrumekt, in consideratio•n of the payment of Ten Dollars
(Sl0.00) hereby adc;pts and join • in the execution of same, and- con•enu to th~ enjoyment· by the Grantee therein of the ris;hts therein vested

~--

D,ued this.'

/£ n· ·

day of

Qc.rC> BEE.fl~

,

r

196fil:

!,-·---------- -

aforesaid, do hereby cet,tify that

Juca

c.

~ier aa4
,fff. iO l,e

~bi J:MIMt Pff'•Otta. - - -,._~_!!f • amel- - .. - ... - - -- .;. - • subs·crih,ed to· ·the f~g-;irtg 'i_hs_tru~nt. appeared befor,c me
_km,-wled•d-thllt - - - - - - ~ - - • - - - - - - s'igned, seal~d:-,and_"dcHv.e"red .the ••id instrument, including the release

omeat~•••

aa - - -: - __ ~ - - - - - ,,. - - - - - - - - - - - free and vohiatar,·•~<; -for the- use• and purposes t'1erein set forth •

.,,,.,
0
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