Columbia Gas Transmission, LLC v. NRGC Development, LLC
Filing
14
MEMORANDUM OPINION AND ORDER. Defendant's Motion to Dismiss Plaintiff's Complaint for lack of subject matter jurisdiction (ECF no. 6) is DENIED. Signed by District Judge Raymond A. Jackson on 8/14/2018. (jrin)
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
AUG I 4 20ie
Norfolk Division
I CLERK, US. DISTRICT COURT
COLUMBIA GAS TRANSMISSION, LLC,
|
norfoik,va
Plaintiff,
V.
CIVIL ACTION NO. 2:18-cv-258
NRGC DEVELOPMENT, LLC,
Defendant.
MEMORANDUM OPINION AND ORDER
Before the Court, pursuant to Federal Rule of Civil Procedure 12(b)(1), is Defendant
NRGC Development, LLC's ("Defendant") Motion to Dismiss Plaintiffs Complaint for lack of
subject matter jurisdiction. ECF No. 6. Having reviewed the Parties' filings in this case, the
Court finds this matter is ripe for judicial determination. For the reasons set forth below.
Defendant's Motion to Dismiss is DENIED.
I. FACTUAL AND PROCEDURAL HISTORY
Plaintiff Columbia Gas Transmission, LLC ("Plaintiff) maintains and operates natural
gas transmission pipelines throughout the United States. Compl. at 2. The dispute arises from
two high-pressure natural gas transmission pipelines that Plaintiff maintains and operates in
Suffolk, Virginia. Id. at 5. Plaintiff claims that Defendant's predecessors in interest granted
Plaintiffs predecessor in interest a right of way through their Suffolk property so that Plaintiff
could maintain and operate its pipelines. Id. at 3-5. The right of way allegedly passed to
Plaintiff through subsequent transactions and is allegedly recognized in the deed conveying the
property to Defendant. Id. at 5, Defendant seeks to build paved roads over the alleged right of
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?