Constitution Pipeline Company, LLC v. A Permanent Easement for 3.62 Acres and Temporary Easements for 3.08 Acres in Middleburgh, Schoharie County, New York, Tax Parcel Number 81.-4-13 et al

Justia Dockets & Filings Second Circuit New York Northern District Constitution Pipeline Company, LLC v. A Permanent Easement for 3.62 Acres and Temporary Easements for 3.08 Acres in Middleburgh, Schoharie County, New York, Tax Parcel Number 81.-4-13 et al

Constitution Pipeline Company, LLC v. A Permanent Easement for 3.62 Acres and Temporary Easements for 3.08 Acres in Middleburgh, Schoharie County, New York, Tax Parcel Number 81.-4-13 et al

Plaintiff:	Constitution Pipeline Company, LLC
Defendant:	A Permanent Easement for 3.62 Acres and Temporary Easements for 3.08 Acres in Middleburgh, Schoharie County, New York, Tax Parcel Number 81.-4-13, James E. Bixby, Margaret G. Bixby and And All Unknown Owners
Case Number:	1:2014cv02000
Filed:	December 12, 2014
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	Schoharie
Presiding Judge:	Norman A. Mordue
Presiding Judge:	Randolph F. Treece
Nature of Suit:	Land Condemnation
Cause of Action:	15 U.S.C. § 717
Jury Demanded By:	None

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Date Filed	Document Text
September 17, 2020	Filing 29 ORDER that Plaintiff's Omnibus Motion to Dissolve the Injunction (Dkt. No. 26 ) is GRANTED in part and DENIED in part; the Preliminary Injunction for the Pipeline Project is hereby DISSOLVED in this case, and in all those identified in Exhibi t A. The Related Orders granting Partial Summary Judgment and the Preliminary Injunction (Dkt. Nos. 16 , 17 , 20 ) are hereby VACATED in this case, and in all those identified in Exhibit A. Plaintiff shall maintain the security bond (see Dkt. No. 19 ) for the condemnation of Defendants' properties until such time as the claims in this case are resolved, which applies equally to all cases identified in Exhibit A. Plaintiff shall record this Order in the land records of the county i n which the now-extinguished rights of way were located, for this case and all those identified in Exhibit A. Plaintiff's request to amend the complaint is DENIED; Defendants' cross-motion to dismiss the complaint (applicable to Case Nos. 14-cv-2054, 14-cv-2057, 14-cv-2004, 14-cv-2008, 14-cv-2031, 14-cv-2036, 14-cv-2039,14-cv-2045, 14-cv-2049, 14-cv-2059, 14-cv-2069, 14-cv-2071, 14-cv-2080, 14-cv-2083, 14-cv-2118) is DENIED. All remaining cases related to the Pipeline Project shall proceed to trial on the issue of compensation. Signed by Senior Judge Norman A. Mordue on 9/17/2020. (rjb, )

Date Filed

Document Text

September 17, 2020

Filing 29 ORDER that Plaintiff's Omnibus Motion to Dissolve the Injunction (Dkt. No. 26 ) is GRANTED in part and DENIED in part; the Preliminary Injunction for the Pipeline Project is hereby DISSOLVED in this case, and in all those identified in Exhibi t A. The Related Orders granting Partial Summary Judgment and the Preliminary Injunction (Dkt. Nos. 16 , 17 , 20 ) are hereby VACATED in this case, and in all those identified in Exhibit A. Plaintiff shall maintain the security bond (see Dkt. No. 19 ) for the condemnation of Defendants' properties until such time as the claims in this case are resolved, which applies equally to all cases identified in Exhibit A. Plaintiff shall record this Order in the land records of the county i n which the now-extinguished rights of way were located, for this case and all those identified in Exhibit A. Plaintiff's request to amend the complaint is DENIED; Defendants' cross-motion to dismiss the complaint (applicable to Case Nos. 14-cv-2054, 14-cv-2057, 14-cv-2004, 14-cv-2008, 14-cv-2031, 14-cv-2036, 14-cv-2039,14-cv-2045, 14-cv-2049, 14-cv-2059, 14-cv-2069, 14-cv-2071, 14-cv-2080, 14-cv-2083, 14-cv-2118) is DENIED. All remaining cases related to the Pipeline Project shall proceed to trial on the issue of compensation. Signed by Senior Judge Norman A. Mordue on 9/17/2020. (rjb, )

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Search for this case: Constitution Pipeline Company, LLC v. A Permanent Easement for 3.62 Acres and Temporary Easements for 3.08 Acres in Middleburgh, Schoharie County, New York, Tax Parcel Number 81.-4-13 et al
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Plaintiff: Constitution Pipeline Company, LLC
Represented By:	Yvonne E. Hennessey
Represented By:	Sean T. O'Neill
Represented By:	John P. Stockli, Jr.
Represented By:	Elizabeth U. Witmer
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Defendant: A Permanent Easement for 3.62 Acres and Temporary Easements for 3.08 Acres in Middleburgh, Schoharie County, New York, Tax Parcel Number 81.-4-13
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Defendant: James E. Bixby
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Defendant: Margaret G. Bixby
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Defendant: And All Unknown Owners
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