Laclede Gas Co. v. St. Charles County, No. 12-2755 (8th Cir. 2013)
Annotate this CaseThis dispute involved the rights of the County and the rights of a public utility, Laclede, in shared easements. On appeal, the County challenged the district court's grant of Laclede's motion for preliminary injunction. The order enjoined the County from, among other things, constructing any additional portion of retaining wall on top of gas lines on the Pitman easement; removing, or hiring another entity to remove any portion of the Pitman Hill Road gas lines located on the Pitman easement; and removing any portion of the gas lines from the Ehlmann Road easement. The court concluded that the district court had jurisdiction under the Pipeline Safety Act, 49 U.S.C. 60101-60137, a federal statute that specifically authorized the district court to enjoin threats to damaged pipelines. The issuance of a preliminary injunction in those circumstances was not error. Accordingly, the court affirmed the judgment.
Court Description: Civil Case - preliminary injunction. In dispute involving right of local government and rights of public utility in shared easements, the district court had jurisdiction to grant preliminary injunction and did not abuse its discretion in doing so. No categorical rule that before addressing preliminary injunction motion a court must rule on the opposing party's assertion that the court lacks jurisdiction. Imminent threat of physical damage to pipeline sufficient to provide district court with jurisdiction under the Natural Gas Pipeline Safety Act. District court did not abuse its discretion in failing to abstain. Judge Bye concurs.
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