July 26th, 2016
Petitioner appeals the August 19, 2015, order of the Circuit Court of Monroe County granting respondents’ motion for a permanent injunction, prohibiting petitioner’s entry onto respondents’ land, under the power of eminent domain, to complete a survey and environmental study associated with the construction of a natural gas pipeline. Petitioner contends that the circuit court erred in finding that the proposed pipeline was not a public use and, further, that entry onto respondents’ land required a finding of public use.
