TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC v. PERMANENT EASEMENTS FOR 2.14 ACRES AND TEMPORARY EASEMENTS FOR 3.59 ACRES IN CONESTOGA TOWNSHIP, LANCASTER COUNTY, PENNSYLVANIA, TAX PARCEL NUMBER 1201606900000 et al, No. 5:2017cv00715 - Document 35 (E.D. Pa. 2017)
Court Description: OPINION/ORDER THAT THE OMNIBUS MOTION FOR PRELIMINARY INJUNCTION, ECF NO. 7, IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/6/17. 4/6/17 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(ky, )
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TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC v....PENNSYLVANIA, TAX PARCEL NUMBER 1201606900000 et al Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, Plaintiff, : : : : v. : : PERMANENT EASEMENTS FOR 2.14 ACRES : AND TEMPORARY EASEMENTS FOR 3.59 : ACRES IN CONESTOGA TOWNSHIP, : LANCASTER COUNTY, PENNSYLVANIA; : HILLTOP HOLLOW LIMITED PARTNERSHIP; : HILLTOP HOLLOW PARTNERSHIP, LLC : GENERAL PARTNER OF HILLTOP HOLLOW : LIMITED PARTNERSHIP; and LANCASTER : FARMLAND TRUST, : Defendants. : __________________________________________ No. 5:17-cv-00715 ORDER AND NOW, this 6th day of April, 2017, for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT: 1. The Omnibus Motion for Preliminary Injunction, ECF No. 7, is DENIED; 2. Pursuant to 26 Pa. Cons. Stat. § 309, Plaintiff Transcontinental Gas Pipeline Company, LLC (“Transco”) is granted access to and entry upon the Rights of Way, as that term is defined in the Complaint, see ECF No. 1, for the sole purpose of conducting surveys required by the Order of the Federal Energy Regulatory Commission issued on February 3, 2017; and 3. In the event of a violation of this Order by Defendant landowners, such as interference with Transco’ s access to the Rights of Way by Defendant landowners or by third parties who are authorized by Defendant landowners to be on the property, the U.S. Marshal Service, or a law enforcement agency it designates, shall be authorized to investigate and to arrest, confine in prison, and/or bring before the Court any persons found to be in violation of this Order and in contempt of this Order, pending his/her compliance with the Court’s Order. BY THE COURT: /s/ Joseph F. Leeson, Jr.____________ JOSEPH F. LEESON, JR. United States District Judge Dockets.Justia.com
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