TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC v. PERMANENT EASEMENTS FOR 2.14 ACRES AND TEMPORARY EASEMENTS FOR 3.59 ACRES IN CONESTOGA TOWNSHIP, LANCASTER COUNTY, PENNSYLVANIA, TAX PARCEL NUMBER 1201606900000 et al

Filing 35

OPINION/ORDER THAT THE OMNIBUS MOTION FOR PRELIMINARY INJUNCTION, ECF NO. 7, IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/6/17. 4/6/17 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
TRANSCONTINENTAL GAS PIPE LINE
COMPANY, LLC,
Plaintiff,

:
:
:
:
v.
:
:
PERMANENT EASEMENTS FOR 2.14 ACRES :
AND TEMPORARY EASEMENTS FOR 3.59
:
ACRES IN CONESTOGA TOWNSHIP,
:
LANCASTER COUNTY, PENNSYLVANIA;
:
HILLTOP HOLLOW LIMITED PARTNERSHIP; :
HILLTOP HOLLOW PARTNERSHIP, LLC
:
GENERAL PARTNER OF HILLTOP HOLLOW :
LIMITED PARTNERSHIP; and LANCASTER
:
FARMLAND TRUST,
:
Defendants.
:
__________________________________________

No. 5:17-cv-00715

ORDER
AND NOW, this 6th day of April, 2017, for the reasons set forth in the Opinion issued
this date, IT IS HEREBY ORDERED THAT:
1.

The Omnibus Motion for Preliminary Injunction, ECF No. 7, is DENIED;

2.
Pursuant to 26 Pa. Cons. Stat. § 309, Plaintiff Transcontinental Gas Pipeline
Company, LLC (“Transco”) is granted access to and entry upon the Rights of Way, as that term
is defined in the Complaint, see ECF No. 1, for the sole purpose of conducting surveys required
by the Order of the Federal Energy Regulatory Commission issued on February 3, 2017; and
3.
In the event of a violation of this Order by Defendant landowners, such as
interference with Transco’ s access to the Rights of Way by Defendant landowners or by third
parties who are authorized by Defendant landowners to be on the property, the U.S. Marshal
Service, or a law enforcement agency it designates, shall be authorized to investigate and to
arrest, confine in prison, and/or bring before the Court any persons found to be in violation of
this Order and in contempt of this Order, pending his/her compliance with the Court’s Order.
BY THE COURT:

/s/ Joseph F. Leeson, Jr.____________
JOSEPH F. LEESON, JR.
United States District Judge