Leaf River Energy Center LLC v. 4 acres

Filing 71

ORDER of Dismissal. Signed by District Judge Daniel P. Jordan, III on 4/27/10 (RRL)

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION LEAF RIVER ENERGY CENTER LLC VS. 4 ACRES + IN SECTION 12, TOWNSHIP 1 NORTH, RANGE 10 EAST, SECOND JUDICIAL DISTRICT OWNED BY MRS. WILLIE GRADY, ET AL.; 2 ACRES ± IN SECTION 22 OWNED BY EDDIE WATERS, JR., ET AL., 39 ACRES ± IN SECTION 23 OWNED BY SHIRLEY WATERS, ET AL., ALL IN TOWNSHIP 1 NORTH, RANGE 12 EAST, FIRST JUDICIAL DISTRICT; 4.77 ACRES +, 1.24 ACRES +, 5.03 ACRES +, AND 60 ACRES +, ALL IN SECTION 19, TOWNSHIP 1 NORTH, RANGE 13 EAST AND OWNED BY DENBURY ONSHORE, LLC, 78 ACRES + IN SECTION 27, TOWNSHIP 1 NORTH, RANGE 13 EAST, OWNED BY TENNIA BONNER, ET AL., 58.39 ACRES + IN SECTION 25 TOWNSHIP 1 NORTH, RANGE 13 EAST OWNED BY JOYCE GERMANY, ET AL., AND 163 ACRES + IN SECTIONS 21 AND 22, TOWNSHIP 1 NORTH, RANGE 13 EAST OWNED BY ALFRED BRANDON, ET AL., ALL IN THE FIRST JUDICIAL DISTRICT, JASPER COUNTY, MISSISSIPPI PLAINTIFF CIVIL ACTION NO. 4:09cv71DPJ-JCS

DEFENDANTS

ORDER OF DISMISSAL Pursuant to Fed. R. Civ. P. 41 and Fed. R. Civ. P. 71.1, the Court finds as follows: l. The Complaint in this action describes ten separate tracts of land across

which the Plaintiff, Leaf River Energy Center LLC ("Leaf River"), seeks condemnation of various interests.

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2.

Leaf River has filed Notices of Dismissal for seven of the original tracts

and the related defendants. 3. For the remaining three tracts, Leaf River has filed Notices of Dismissal

for several defendants, and for the remaining defendants claiming ownership interests in these tracts the Court has conducted bench trials, determined just compensation, and rendered Judgments for the condemned interests. Leaf River has properly paid the just compensation amounts and satisfied the Judgments for the remaining three tracts in this action. 4. All matters set forth in the Complaint have, therefore, been concluded, and

this action should be dismissed. IT IS THEREFORE, ORDERED that this action is dismissed, consistent with the previously filed Notices of Dismissal and Judgments as described above. SO ORDERED AND ADJUDGED this the 27th day of April, 2010. s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE By: s/James L. Halford___________ JAMES L. HALFORD (MSB 2111) Brunini, Grantham, Grower, and Hewes, PLLC The Pinnacle Building, Suite 100 190 E. Capitol St. (39201) Post Office Drawer 119 Jackson, Mississippi 39205 Telephone: [phone] Facsimile: [phone] [e-mail]

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