Appalachian Power Company v. Nissen et al

Filing 80

ORDER granting 65 Motion for Summary Judgment; defendants are directed to submit updates listed in order no later than the close of business (30) days after entry of this Order. Signed by Judge Norman K. Moon on 12/18/2015. (eot)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
APPALACHIAN POWER COMPANY.,

CIVIL NO. 7:14-cv-000535
Plaintiff,

v.
ORDER
WILLIAM W. NISSEN II,
and
LORA J. NISSEN,
Defendants.

JUDGE NORMAN K. MOON

For the reasons stated in the accompanying memorandum opinion, Plaintiff’s Motion for
Summary Judgment (docket no. 65) is GRANTED.

Specifically, Plaintiff’s Motion is

GRANTED with respect to finding that the Defendants have violated the Flowage Easement.
However, the Court declines to require the Defendants to affirmatively remedy their obligations
by, for example, removing the dock. Instead, the Court will give the Defendants two options: (1)
develop a plan to remedy the violations that the Plaintiff can agree to or (2) allow the Plaintiff to
enter the property to remedy the violations and be subject to the payment of damages. Therefore,
the Defendants are DIRECTED to submit the following updates to the Court detailing:
1.

Whether the Defendants plan to affirmatively remedy the violations of the Flowage
Easement, e.g., whether they intend to remove the dock themselves;

2. If so, the steps taken to contact the Plaintiff to develop a proper plan for such
remedial action;
3. Steps the Defendants have taken to gain compliance with the dock.
Defendants are to file these updates with the Court no later than the close of business
thirty (30) days after entry of this order.

It is so ORDERED.
The Clerk of the Court is hereby directed to send a certified copy of this Order and the
accompanying Memorandum Opinion to all counsel of record.
ENTERED: This 18TH day of December, 2015
_____

-2-