Columbia Gas Transmission, LLC v. NRGC Development, LLC, No. 2:2018cv00258 - Document 14 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION AND ORDER. Defendant's Motion to Dismiss Plaintiff's Complaint for lack of subject matter jurisdiction (ECF no. 6) is DENIED. Signed by District Judge Raymond A. Jackson on 8/14/2018. (jrin)

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Columbia Gas Transmission, LLC v. NRGC Development, LLC Doc. 14 FILED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA AUG I 4 20ie Norfolk Division I CLERK, US. DISTRICT COURT COLUMBIA GAS TRANSMISSION, LLC, | norfoik,va Plaintiff, V. CIVIL ACTION NO. 2:18-cv-258 NRGC DEVELOPMENT, LLC, Defendant. MEMORANDUM OPINION AND ORDER Before the Court, pursuant to Federal Rule of Civil Procedure 12(b)(1), is Defendant NRGC Development, LLC's ("Defendant") Motion to Dismiss Plaintiffs Complaint for lack of subject matter jurisdiction. ECF No. 6. Having reviewed the Parties' filings in this case, the Court finds this matter is ripe for judicial determination. For the reasons set forth below. Defendant's Motion to Dismiss is DENIED. I. FACTUAL AND PROCEDURAL HISTORY Plaintiff Columbia Gas Transmission, LLC ("Plaintiff) maintains and operates natural gas transmission pipelines throughout the United States. Compl. at 2. The dispute arises from two high-pressure natural gas transmission pipelines that Plaintiff maintains and operates in Suffolk, Virginia. Id. at 5. Plaintiff claims that Defendant's predecessors in interest granted Plaintiffs predecessor in interest a right of way through their Suffolk property so that Plaintiff could maintain and operate its pipelines. Id. at 3-5. The right of way allegedly passed to Plaintiff through subsequent transactions and is allegedly recognized in the deed conveying the property to Defendant. Id. at 5, Defendant seeks to build paved roads over the alleged right of Dockets.Justia.com

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