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Tag Archives: Judge Elizabeth K. Dillon

Farmer’s claims against Warren County and officials largely dismissed (access required)

Where a farmer alleged he was subjected to “unnecessarily aggressive and ultimately frivolous Planning Department enforcement action,” his procedural and substantive due process, equal protection and conspiracy claims were dismissed. His Fourth Amendment claim against a state official who allegedly ...

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Expert’s damages opinion excluded as illogical and unreliable (access required)

An opinion about the damage caused by the loss of marketability of real property, during and after construction of a natural gas pipeline, was unsupported by any facts or data and relied on an inaccurate measure of damages. Background Mountain ...

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Owner at time of condemnation is entitled to compensation (access required)

Where the owner of real property that was condemned for a natural gas pipeline sold the property, and the sale documents did not assign the condemnation award, the original owner was entitled to the compensation. Background Mountain Valley Pipeline LLC, ...

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Tree-sitters held in contempt must pay attorneys’ fees (access required)

Two people who intentionally squatted in trees in order to protest the construction of a pipeline were held in contempt, fined and ordered to pay all of the pipeline’s attorneys’ fees and expenses incurred in obtaining the contempt order. Background ...

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Affirmative defenses not subject to ‘Twombly’ and ‘Iqbal’ (access required)

Although prior decisions applied the pleading standards in Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), to affirmative defenses, the recent trend declines to do so. But, even under the less-stringent ...

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Additional documents needed to resolve contract dispute (access required)

Although the defendants in a suit claiming breach of contract, indemnification and engineering and design malpractice argued the plaintiff’s common law indemnification claim should be dismissed, their motion was denied because they did not provide the settlement, design services and ...

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