Constitution Pipeline Company, LLC v. A Permanent Easement for 1.29 Acres and Temporary Easements for 1.58 Acres in Jackson Township, Susquehanna County, Pennsylvania, Tax Parcel Number 092.00-2,056.00,000 et al

Filing 33

ORDER (memorandum filed previously as separate docket entry). the plaintiffs Motion for Partial Summary Judgment (Doc. 10) is GRANTED; the injunction will be GRANTED, upon the posting of a $1,600,000 bond, in total, covering all properties related to this proceeding. (See order for details).Signed by Honorable Malachy E Mannion on 3/17/15. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
CONSTITUTION PIPELINE
COMPANY, LLC,

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CIVIL ACTION NO. 3:14-2453

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(JUDGE MANNION)

Plaintiff
v.
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A PERMANENT EASEMENT FOR
1.29 ACRES, TEMPORARY
EASEMENTS FOR 1.58 ACRES,
IN JACKSON TOWNSHIP,
SUSQUEHANNA COUNTY,
PENNSYLVANIA, TAX PARCEL
NUMBER 092.00-2,056.00,000,
SAMUEL F. THOMPSON;
SOUTHWESTERN ENERGY
PRODUCTION COMPANY c/o
CT CORPORATION SYSTEM;
and ALL UNKNOWN OWNERS,
Defendants

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ORDER
NOW, this 16th day of March, 2015, in response to the plaintiff’s Motion
for Partial Summary Judgment (Doc. 10) and the Emergency Motion for
Preliminary Injunction (Doc. 13), the court finds that the plaintiff has the
substantive right to condemn the subject properties located in Jackson
Township, Susquehanna County, Pennsylvania for possession of Rights of
Way for the reasons that:

1.

The plaintiff has obtained a Certificate of Public Convenience
and Necessity from the Federal Energy Regulatory Commission
(“FERC”) dated December 2, 2014;

2.

The December 2, 2014 FERC Order covers the subject property
and/or easements;

3.

Plaintiff has been unable to acquire the property and/or
easements by agreement.

As a result of this determination, the plaintiff’s Motion for Partial Summary
Judgment (Doc. 10) is GRANTED.
Given this determination, the court turn to the factors relating to
whether to grant a preliminary injunction.
Likelihood of Success on the Merits. The court finds that the plaintiff
has satisfied this requirement because this court has determined that the
plaintiff has a substantive right to condemn the subject property and/or
easements. The court has entered partial summary judgment reflecting this
conclusion.
Irreparable Harm. The court finds that the plaintiff will suffer immediate
and irreparable harm, as set forth in the plaintiff’s brief, without possession
of the Rights of Way as soon as possible.
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Weighing the Various Equities. Given that the defendants will receive
just compensation for this property and/or easements, they will not suffer
significant harm. As noted above, the plaintiff is likely to suffer immediate and
irreparable harm without possession of the Rights of Way. Therefore, this
factor weighs heavily in favor of the plaintiff.
Public Interest. The public interest will be best served by the grant of
this injunction given the Certificate of Public Convenience and Necessity that
was issued by FERC on December 2, 2014. The additional natural gas
capacity that this pipeline will provide is in the public interest.
For all of the foregoing reasons, the injunction will be GRANTED, upon
the posting of a $1,600,000 bond, in total, covering all properties related to
this proceeding. Upon the posting of the bond, the Constitution Pipeline
Company, LLC, and its agents shall have immediate entry and access onto
the subject property and/or easement in Jackson Township, Susquehanna
County, Pennsylvania, prior to the award of just compensation, to begin
construction of an interstate natural gas pipeline from Susquehanna County,
Pennsylvania to Schoharie County, New York.
It is further ordered that the defendants, and owners of the subject
property shall permit and allow, upon the posting of the bond, the
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Constitution Pipeline Company, LLC and its agents immediate entry and
access onto the subject property and/or easements in Jackson Township,
Susquehanna County, Pennsylvania, in accordance with this Order.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: March 17, 2015
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-2453-01-ORDER.wpd

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