NEXUS Gas Transmission, LLC v. 0.4 Acres +/- Permanent Easement and 0.8 Acres +/- Temporary Easement of Land in Augusta Township, Washtenaw County, Michigan et al
JUDGMENT Regarding Defendants Glenn and Carol Ladenberger Only. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NEXUS GAS TRANSMISSION, LLC,
Case No. 4:17-cv-13220
Hon. Matthew F. Leitman
0.4 ACRES ± PERMANENT
EASEMENT and 0.8 ACRES ±
TEMPORARY EASEMENT OF
LAND IN AUGUSTA TOWNSHIP,
MICHIGAN, et al.,
JUDGMENT REGARDING DEFENDANTS
GLENN AND CAROL LADENBERGER ONLY
This matter came before the Court on the stipulation of Plaintiff NEXUS
Gas Transmission, LLC (“NEXUS”) and Defendants Glenn and Carol Ladenberger
to the entry of judgment against the Ladenberger Defendants.
The Court, having reviewed the parties’ stipulation and their agreement
regarding the entry of judgment, and otherwise having been fully advised in the
premises, will enter a judgment in the manner requested by the parties.
NEXUS filed a motion for partial summary judgment and for preliminary
injunction. The motion was brought on for hearing on Wednesday, October 18,
2017. At the hearing, Defendants Glenn and Carol Ladenberger explained that
they were not willing to grant NEXUS an easement across their property unless the
Court determined that NEXUS had a legal right to condemn that easement.
However, Mr. and Mrs. Ladenberger agreed that if the Court determined that
NEXUS had a legal right to condemn an easement across their property, then they
were would accept the Court’s judgment and would accept $29,250 as just
compensation for the easement. At the hearing, they signed a form of easement
and agreed that the Court could release that signed easement to NEXUS if the
Court determined that NEXUS had a legal right to condemn the easement.
By Order filed on October 23, 2017 the Court granted Plaintiff’s Motion for
Partial Summary Judgment and Preliminary Injunction as to Defendants Glenn and
Carol Ladenberger only and determined that NEXUS had a substantive right to
condemn an easement across Mr. and Mrs. Ladenberger’s property. After issuing
its Order, the Court released the signed easement to NEXUS. The parties, in
stipulating to the entry of the JUDGMENT, agree that NEXUS has recorded the
easement and paid to Mr. and Mrs. Ladenberger the $29,250 which the parties
agreed was just compensation. Accordingly, all of the issues in this case have been
THEREFORE, IT IS HEREBY ORDERED that there is no just reason
for delay and final judgment is entered in favor of Plaintiff and against Defendants
Glenn and Carol Ladenberger confirming that NEXUS has a substantive right to
condemn an easement across Mr. and Mrs. Ladenberger’s property and that
NEXUS has paid to Mr. and Mrs. Ladenberger the just compensation of $29,250
for that easement.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: November 21, 2017
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on November 21, 2017, by electronic means
and/or ordinary mail.
s/Holly A. Monda
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