Pipeline Company Appeals Negative Ruling

Pipeline Company Appeals Negative Ruling

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Mobile, AL -

The battle over land near Big Creek Lake is far from over.  The company building an oil pipeline near Mobile’s water supply is appealing a recent decision in probate court.  This week Probate Judge Don Davis dismissed Plains Southcap’s lawsuit against the Mobile Area Water and Sewer System.  Lawyers for Plains have appealed their case to Mobile County Circuit Court. 

We haven’t gotten a date on when the case will be heard.  When it is the judge taking the case will hear it “de novo.”  That means the ruling from the probate judge will not be a factor in the new case. 

Plains Southcap is suing the Mobile Area Water and Sewer system for the last piece of land needed to build the controversial pipeline.  Probate Judge Don Davis ruled Plains doesn’t have the authority to use eminent domain to seize land because it is a limited liability company.  He ruled LLC’s aren’t specifically listed in state law as an entity that case use eminent domain. 

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