Texas Gas Transmissions, LLC v. Butler County Board of Commiss, et al
PER CURIAM OPINION and JUDGMENT filed: The portion of plaintiff's appeal as to whether defendant Butler County's actions constitute a taking of property for which just compensation must be provided is DISMISSED for lack of jurisdiction; AFFIRMED in all other respects, decision for publication pursuant to local rule 206. Julia Smith Gibbons, Richard Allen Griffin, Circuit Judges; David D. Dowd, Jr., U.S. District Judge for the Northern District of Ohio.
Case: 09-3743 Document: 006110774033 Filed: 10/29/2010 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 09-3743 TEXAS GAS TRANSMISSIONS, LLC, Plaintiff - Appellant, v. BUTLER COUNTY BOARD OF COMMISSIONERS; GREGORY JOLIVETTE, CHARLES FURMON, MICHAEL FOX, Butler County Commissioners; BUTLER COUNTY, OHIO; HUT-1-LLC, Defendants - Appellees. Before: GIBBONS and GRIFFIN, Circuit Judges; DOWD, Senior District Judge. JUDGMENT On Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. THIS CAUSE was heard on the record from the district court and was argued by cou nsel. IN CONSIDERATION WHEREOF, it is ORDERED that the portion of plaintiff Texas Gas Transmissions' appeal as to whether defendant Butler County's actions constitute a taking of property for which just compensation must be provided is DISMISSED for lack of jurisdiction. IT IS FURTHER ORDERED that the judgment of the district court is AFFIRM ED in all other respects. ENTERED BY ORDER OF THE COURT
Oct 29, 2010
LEONARD GREEN, Clerk
Leonard Green, Clerk
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