777 F. Supp. 2d 475
W.D.N.Y.2011Background
- Millennium seeks temporary and permanent easements under the Natural Gas Act to construct and operate a natural gas pipeline across Hendricks' Chemung County, New York property.
- Millennium holds a FERC certificate (2002; amended 2006) approving the project; construction proceeded.
- The court granted a February 15, 2008 preliminary injunction granting a temporary easement for construction on land adjacent to the Property; bond posted.
- Hendricks appealed the injunction to the Second Circuit, which dismissed the interlocutory appeal for lack of finality and urged raising issues in district court.
- Millennium moved for summary judgment asserting entitlement to condemnation; Hendricks moved to amend to add Columbia Gas Transmission and to assert new claims.
- The court grants Millennium's summary-judgment motion and denies Hendricks' motion to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to condemnation under NGA | Millennium holds a valid FERC certificate and cannot be thwarted by a landowner negotiation failure. | Hendricks challenges compliance with the FERC certificate and seeks to avoid taking. | Millennium entitled to condemnation under NGA; certificate validity and negotiations aside, damages addressed later. |
| Authority to challenge FERC certificate in district court | Not applicable. | Challenges to the certificate must be raised with FERC or on appeal, not in district court. | Court rejects challenges to FERC certificate in district court; keeps NGA condemnation scope within certificate. |
| Damages scope and just compensation | Damages limited to just compensation under Rule 71.1; no extra remedies. | Potential broader damages or remedies may be sought with amendment. | Only just compensation issues remain; the measure will be determined at trial; amendment denied beyond just compensation. |
| Hendricks' motion to amend to add Columbia and to assert new claims | Columbia ownership or liability may bear on damages. | Columbia has no shown involvement or liability in this case. | Motion to amend denied; Columbia not joined. |
Key Cases Cited
- Roe v. City of Waterbury, 542 F.3d 31 (2d Cir. 2008) (summary-judgment standard; burden on movant; genuine disputes)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986) (plaintiff must show genuine issues; standard for summary judgment)
- Transwestern Pipeline Co. v. 17.19 Acres of Property Located in Maricopa County, 550 F.3d 770 (9th Cir. 2008) (elements for condemnation under NGA; certificate, necessity, and lack of agreement)