The herald., 1898-11-13
TO TEST OIL ORDINANCE
DE GRoOT SEEKS TO ENJOIN THE
CITY GOVERNMENT
OWNS LAND ON mob HILL
Pacific Loan Company Joins With De
Groot in the Litigation Before
Judge York

The Pacific Loan company and w. f
De Groot have commenced suit against the
city, mayor and council of Los Angeles to
test the validity Of the ordinances for the
regulation of the oil industry. The com
plant shows that plaintiffs are the owners
of lots in blocks b, G, ID, E and Of the
Mob Hill tract, adjacent to and north q
Westake park in this city, and that ex
tending across such lots in an approximately
east and west direction, substantially co
inciding with Ocean View avenue, and)Trom
700 to 1900 feet distant from the northerly
boundary line of the park, is natural
ridge, so that the land lying southerly from
said ridge and street slopes and drains to-
ward the park, but all the lands lying
northerly from the ridge, including blocks
B, C, D, e and II, slope and drain in a
northcrly or northwesterly direction and
away from the park, and not drop Of fluid
falling or rising upon such lands could by
any means flow TO or upon the park, its
natural flow being in the opposite direc-
ton.
1t is further shown that drilling and min
ing operations carried on during more than
five years last past, in a somewhat irregular
belt eastward from such lands, and extend
ing for more than mile through the in
habited portion of the city, have disclosed
natural deposits of petroleum underlying
city lots and streets and large quantities OF
oil and gas of great value have been extract
ed therefrom. That such operations indi-
cate like deposits under the lands owned
by the plaintiffs.
BY reason of approach and proximity to
the lands of such oil operations, it is COM
planned that the lands have no fixed value,
it being uncertain whether or not an oil
bearing stratum underlies them; but il such
uncertainty were removed, the lands would
at once become very valuable either for oil
production or for residence. This uncer-
tainty can be removed only by drilling, and
plaintiffs are hindered and prevented from
such exploitation of their lands solely by
the acts of defendants, who have assumed
and pretended to enact and finally to adopt
an ordinance or order prohibiting the drill
ing, pumping and operating of oil wells
within 1900 feet of the exterior boundaries
of Westlake park. The wording of the or
dinance is set forth in detail by the com
plant, including the allegation therein
that, owing to the Typographical situation,
the drainage from large portion of the
lands within 1900 feet of the park is in and
upon the park and that the drainage from
wells drilled within such limits would de-
stroy vegetation in the park.
1t is claimed that the ordinance is null
and void, that the limit of 1900 feet was ar
bitrarily fixed and without consideration
= for the actual contour of the land and in
utter disregard OF the facts that the plain
tiffs' lands, though lying within such limits,
did not slope or drain toward the park,
and that oil operations thereon could not
injure or endanger the park or it's improve
ments. The ordinance is declared to be an
arbitrary and unreasonable interference
by the city with plaintiffs private property
without due process of law.
Councils refusal to grant relief asked for
BY petition of plaintiffs as well as defend
ants threats to prosecute plaintiffs for any
disregard of the pretended ordinance, is re-
counted, and the existence of triangular
piece of land less than onefourth OF a mile
from the northwesterly exterior boundary
line of Westlake park, comprising about six
acres and designated as Sunset park ,is
next mentioned. A considerable portion of
that tract is said to be covered to depth
OF some feet with a natural deposit of as
phaltum mixed with sand, exuding crude
petroleum, utterly destitute of vegetation,
wholly unimproved and not susceptible OF
cultivation.
1t is shown that none of the lands south
eastward Of Sunset park, distant more than
czok - l,, 4
none of the lands northwest, west, south
west or south slope or drain TO or upon
Sunset park, which is not public pleasure
ground or adapted to such purpose. Com
plant is made separately of the ordinance
restricting oil development within 1000 feet
of Sunset park, which is held to be null and
void for reasons similar to those advanced
with respect to Westlake park Plaintiffs
also hold lands within such limits, the use
of which for oil purposes is restrained by
the ordinance on pain of prosecution, and
il is further set forth that by both pretend
ed ordinances the city has assumed to pro-
hibit boring, drilling and operating of oil
wells upon practically all of the hitherto
unexplored portion of the belt of lands
lying within the limits of the city of Los
Angeles, that by operations heretofore car
ried on are indicated to overlay the oil
stratum.
Judgment of court is asked that these
pretended ordinances or orders of the coun-
Gil are null and void and of no effect in law,
and that they be set aside and vacated; !;
that each and all of the defendants and
their agents be personally enjoined from at
tempting to enforce or cause to be enforced
the said pretended ordinances; that the
rights OF plaintiffs in the premises be for
ever quieted against each and all of the de-
fendants, and that plaintiffs have such fur
ther relief as may seem conformable to
equity, together with costs of suit.
L. M: Stewart is the attorney for plain
TINS and the cause has been assigned to De-