Mountain Valley Pipeline v. McCurdy (Signed Opinion)
Annotate this CaseBryan and Doris McCurdy filed an action against Mountain Valley Pipeline, LLC (MVP) seeking a declaration that MVP had no right to enter their property to survey the area as a potential location for a natural gas transmission pipeline MVP planned to construct. The McCurdys further sought both a preliminary and a permanent injunction prohibiting MVP from entering their property. The circuit court granted declaratory judgment to the McCurdys and also granted the McCurdys a preliminary and a permanent injunction prohibiting MVP from entering their property. The circuit court based its decision on its finding that MVP’s pipeline is not being constructed for a public use in West Virginia. The Supreme Court affirmed, holding that the circuit court did not err in concluding (1) MVP could enter the MCurdys’ land to survey the land only if the MVP pipeline was for a public use, and (2) the MVP pipeline was not being constructed for a public use in West Virginia.
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