No. 18-1206

Lynda Like, et al. v. Transcontinental Gas Pipe Line Company, LLC

Lower Court: Third Circuit
Docketed: 2019-03-18
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: civil-procedure condemnation eminent-domain federal-jurisdiction immediate-possession judicial-power land-condemnation natural-gas-act preliminary-injunction private-companies private-property-rights takings
Key Terms:
Takings JusticiabilityDoctri
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether district courts are empowered to grant preliminary injunctions giving private companies immediate possession of land before final judgment in Natural Gas Act condemnations

Question Presented (from Petition)

QUESTION PRESENTED The Natural Gas Act (15 U.S.C. § 717f(h)) delegates to certain private companies the ordinary eminent domain power: that is, the power to bring a condemnation lawsuit and then buy land at an adjudicated price after final judgment. The Act does not delegate the separate power to take immediate possession of land. Notwithstanding the Act’s limited delegation, are district courts empowered to enter preliminary injunctions giving private companies immediate possession of land before final judgment in Natural Gas Act condemnations?

Docket Entries

2019-05-28
Motion for leave to file amici brief filed by Owners' Counsel of America, et al. GRANTED.
2019-05-28
Petition DENIED.
2019-05-07
DISTRIBUTED for Conference of 5/23/2019.
2019-05-02
Reply of petitioners Lynda Like, et al. filed.
2019-04-17
Brief of respondent Transcontinental Gas Pipe Line Company, LLC in opposition filed.
2019-04-09
Motion for leave to file amici brief filed by Owners' Counsel of America, et al.
2019-03-13
Petition for a writ of certiorari filed. (Response due April 17, 2019)

Attorneys

Lynda Like, et al.
Robert James McNamaraInstitute for Justice, Petitioner
Robert James McNamaraInstitute for Justice, Petitioner
Owners' Counsel of America, et al.
Robert H. ThomasDamon Key Leong Kupchak Hastert, Amicus
Robert H. ThomasDamon Key Leong Kupchak Hastert, Amicus
Transcontinental Gas Pipe Line Company, LLC
Elizabeth Utz WitmerSaul Ewing Arnstein & Lehr, LLP, Respondent
Elizabeth Utz WitmerSaul Ewing Arnstein & Lehr, LLP, Respondent