Columbia Gas Transmission, LLC v. 101 Acres, and 41,342 Sq. Ft More or Less in Heidelberg Township, York County, Pennsylvania, Located on Tax ID# 30000EE01600000000, Owned By Bradley E. Herr and Elizabeth M. Herr et al

Filing 146

ORDER (MEMORANDUM filed previously as separate docket entry): Plaintiff's Motion to Exclude Expert Testimony Based on False Extraordinary Assumptions, 119 is DENIED. Defendants' Motion to Exclude Testimony and Evidence of Plaintiffs Expe rt Witness 115 is DENIED. Defendants' Motion to Exclude Plaintiff's Witnesses 117 is DENIED.Plaintiff's Motion to Exclude Improper Lay Opinion and Other Testimony by Defendants 121 is GRANTED IN PART AND DENIED IN PART.Plaintiff& #039;s Motion to Exclude Testimony relating to Fear of Pipelines 113 is GRANTED IN PART AND DENIED IN PART.At the request of the parties, the Court has decided the following two issues as a matter of law and will instruct the jury accordingly: The date of the taking was 12/9/2014. The rights taken included the Right-of-Way documents appended to the Complaints in Condemnation. Signed by Honorable Matthew W. Brann on 10/26/16. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
COLUMBIA GAS TRANSMISSION,
LLC,
Plaintiff,
v.
101 ACRES AND 41,342 SQ. FT.
MORE OR LESS IN HEIDELBERG
TOWNSHIP, YORK COUNTY,
PENNSYLVANIA, et al.,

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No. 4:13-cv-00783
(Judge Brann)

Defendants.
∙∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙
COLUMBIA GAS TRANSMISSION,
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No. 4:13-cv-00785
LLC,
:
Plaintiff,
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(Judge Brann)
:
v.
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1.5561 ACRES MORE OR LESS IN
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HEIDELBERG TOWNSHIP, YORK
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COUNTY, PENNSYLVANIA, et al.,
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Defendants.
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ORDER
October 26, 2016

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AND NOW, in accordance with the accompanying Memorandum, IT IS
HEREBY ORDERED that:

1.

Plaintiff’s Motion to Exclude Expert Testimony Based on False
Extraordinary Assumptions, ECF No. 119, is DENIED.

2.

Defendants’ Motion to Exclude Testimony and Evidence of
Plaintiff’s Expert Witness, ECF No. 115, is DENIED.

3.

Defendants’ Motion to Exclude Plaintiff’s Witnesses, ECF No. 117, is
DENIED.

4.

Plaintiff’s Motion to Exclude Improper Lay Opinion and Other
Testimony by Defendants, ECF No. 121, is GRANTED IN PART
AND DENIED IN PART.

5.

Plaintiff’s Motion to Exclude Testimony relating to Fear of Pipelines,
ECF No. 113, is GRANTED IN PART AND DENIED IN PART.

6.

At the request of the parties, the Court has decided the following
two issues as a matter of law and will instruct the jury accordingly:
(a)

The date of the taking was December 9, 2014.

(b)

The rights taken included the “Right-of-Way” documents
appended to the Complaints in Condemnation.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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