NATIONAL RAILROAD PASSENGER CORPORATION v. 4.0446 ACRES MORE OR LESS OF LAND AND FIXTURES et al

Filing 62

ORDER THE MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF [DOC. 55] IS GRANTED. THE MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANT PPL ELECTRIC UTILITIES CORP. [DOC. 45] IS DENIED. THE MOTION FOR PARTIAL SUMMARY JUDGMENT FILED BY NATIONAL RA ILROAD PASSENGER CORPORATION [DOC. 44] IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS ON THE ISSUE OF THE NATIONAL RAILROAD PASSENGER CORPORATION'S AUTHORITY TO CONDEMN THE CONESTOGA SUBSTATION. PLAINTIFF& #039;S RENEWED MOTION FOR IMMEDIATE POSSESSION [DOC. 58] IS GRANTED. DEFENDANT IS DIRECTED TO DELIVER POSSESSION OF THE REAL PROPERTY AND FIXTURES THAT ARE THE SUBJECT OF THIS LITIGATION TO PLAINTIFF WITHIN 20 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/6/19. 3/6/19 ENTERED AND COPIES E-MAILED. (er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NATIONAL RAILROAD PASSENGER
CORPORATION
v.
4.0446 ACRES MORE OR LESS OF
LAND AND FIXTURES and
PPL ELECTRIC UTILITIES CORP.

: CIVIL ACTION
:
: NO. 17-1752
:
:
:
:
:

ORDER
AND NOW, this 6th day of March, 2019, it is hereby ORDERED that:
1. The motion for Leave to File an Amicus Curiae Brief [Doc. 55] is GRANTED.
2. The motion for summary judgment filed by defendant PPL Electric Utilities Corp.
[Doc. 45] is DENIED.
3. The motion for partial summary judgment filed by National Railroad Passenger
Corporation [Doc. 44] is GRANTED.
4. Judgment is ENTERED in favor of Plaintiff and against Defendants on the issue
of the National Railroad Passenger Corporation’s Authority to condemn the
Conestoga Substation.
5. Plaintiff’s Renewed Motion for Immediate Possession [Doc. 58] is GRANTED.
Defendant is DIRECTED to deliver possession of the real property and fixtures
that are the subject of this litigation to Plaintiff within 20 days of the date of this
Order

BY THE COURT:

s/s Jeffrey L. Schmehl
JEFFREY L. SCHMEHL, J.