United States District Court, Middle District of Pennsylvania
MALACHY E. MANNION United States District Judge
NOW, this 16th day of March, 2015, in response to the plaintiff’s Motion for Partial Summary Judgment (Doc. 12) and the Emergency Motion for Preliminary Injunction (Doc. 15), the court finds that the plaintiff has the substantive right to condemn the subject properties located in New Milford Township, Susquehanna County, Pennsylvania for possession of Rights of Way for the reasons that:
1. The plaintiff has obtained a Certificate of Public Convenience and Necessity from the Federal Energy Regulatory Commission (“FERC”) dated December 2, 2014;
2. The December 2, 2014 FERC Order covers the subject property and/or easements;
3. Plaintiff has been unable to acquire the property and/or easements by agreement.
As a result of this determination, the plaintiff’s Motion for Partial Summary Judgment (Doc. 12) is GRANTED.
Given this determination, the court turn to the factors relating to whether to grant a preliminary injunction.
Likelihood of Success on the Merits.
The court finds that the plaintiff has satisfied this requirement because this court has determined that the plaintiff has a substantive right to condemn the subject property and/or easements. The court has entered partial summary judgment reflecting this conclusion.
The court finds that the plaintiff will suffer immediate and irreparable harm, as set forth in the plaintiff’s brief, without possession of the Rights of Way as soon as possible.
Weighing the Various Equities.
Given that the defendants will receive just compensation for this property and/or easements, they will not suffer significant harm. As noted above, the plaintiff is likely to suffer immediate and irreparable harm without possession of the Rights of ...