APPALACHIAN POWER COMPANY v. NISSEN, 7:14-cv-000535. (2015)
Court: District Court, W.D. Virginia
Number: infdco20151228875
Visitors: 7
Filed: Dec. 18, 2015
Latest Update: Dec. 18, 2015
Summary: ORDER NORMAN K. MOON , District Judge . For the reasons stated in the accompanying memorandum opinion, Plaintiff's Motion for Summary Judgment (docket no. 65) is GRANTED. Specifically, Plaintiff's Motion is GRANTED with respect to finding that the Defendants have violated the Flowage Easement. However, the Court declines to require the Defendants to affirmatively remedy their obligations by, for example, removing the dock. Instead, the Court will give the Defendants two options: (1) de
Summary: ORDER NORMAN K. MOON , District Judge . For the reasons stated in the accompanying memorandum opinion, Plaintiff's Motion for Summary Judgment (docket no. 65) is GRANTED. Specifically, Plaintiff's Motion is GRANTED with respect to finding that the Defendants have violated the Flowage Easement. However, the Court declines to require the Defendants to affirmatively remedy their obligations by, for example, removing the dock. Instead, the Court will give the Defendants two options: (1) dev..
More
ORDER
NORMAN K. MOON, District Judge.
For the reasons stated in the accompanying memorandum opinion, Plaintiff's Motion for Summary Judgment (docket no. 65) is GRANTED. Specifically, Plaintiff's Motion is GRANTED with respect to finding that the Defendants have violated the Flowage Easement. However, the Court declines to require the Defendants to affirmatively remedy their obligations by, for example, removing the dock. Instead, the Court will give the Defendants two options: (1) develop a plan to remedy the violations that the Plaintiff can agree to or (2) allow the Plaintiff to enter the property to remedy the violations and be subject to the payment of damages. Therefore, the Defendants are DIRECTED to submit the following updates to the Court detailing:
1. Whether the Defendants plan to affirmatively remedy the violations of the Flowage Easement, e.g., whether they intend to remove the dock themselves;
2. If so, the steps taken to contact the Plaintiff to develop a proper plan for such remedial action;
3. Steps the Defendants have taken to gain compliance with the dock.
Defendants are to file these updates with the Court no later than the close of business thirty (30) days after entry of this order.
It is so ORDERED.
The Clerk of the Court is hereby directed to send a certified copy of this Order and the accompanying Memorandum Opinion to all counsel of record.
Source: Leagle
