Boerschig v. Trans-Pecos Pipeline, LLC, No. 16-50931 (5th Cir. 2017)Annotate this Case
After negotiations failed between plaintiff and Trans-Pecos regarding the construction of a pipeline on plaintiff's land, Trans-Pecos invoked Texas eminent domain power via Tex. Util. Code 181.004. The Fifth Circuit affirmed the denial of plaintiff's application for a preliminary injunction under the Anti-Injunction Act. The district court held that the Act barred the injunction because the injunction would enjoin a state condemnation process that culminates in a judicial proceeding. As a preliminary matter, the court denied a motion to dismiss on mootness grounds. The court then held, on alternative grounds, that plaintiff could not meet the demanding standard for issuance of an injunction. The court explained that the significant differences between the Texas delegation of power to private entities and those delegations the Supreme Court has held unconstitutional mean that plaintiff's due process challenge faced long odds. Because of plaintiff's inability to establish a likelihood of success, much less a substantial one, he was not entitled to a preliminary injunction.