Friday, May 22, 2015

Court of Appeals upholds ruling that Bluegrass Pipleline can't gain easements through condemnation

The Kentucky Court of Appeals today upheld a circuit judge's ruling that the proposed Bluegrass Pipeline through greater Midway does not have the power of eminent domain to obtain easements for the line that would carry natural-gas liquids.

A three-judge panel of the appeals court unanimously affirmed the decision by Franklin Circuit Judge Phillip Shepherd. Bluegrass Pipeline, which said a year ago that the project had been suspended, has 30 days to appeal to the state Supreme Court.

"Williams spokesman Tom Droege did not immediately return a request for comment late Friday afternoon, nor did representatives of the Kentucky Oil and Gas Association, which has been following the case," The Courier-Journal reported.

The lawsuit was filed by Kentuckians United to Restrict Eminent Domain. Its attorney, Tom FitzGerald, said in an email, "I could not be more proud of the KURE board and members, and Penny Greathouse in particular, for standing up for the rights of Kentuckians."

For a PDF of the Court of Appeals decision, click here.

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