U.S., TENNESSEE VALLEY AUTHORITY v. AN EASEMENT AND RIGHT-OF-WAY OVER 3.28 ACRES OF LAND, MORE OR LESS, IN LEE COUNTY, 1:15-cv-00019-GHD-DAS. (2017)
Court: District Court, N.D. Mississippi
Number: infdco20170314593
Visitors: 8
Filed: Mar. 07, 2017
Latest Update: Mar. 07, 2017
Summary: ORDER GRANTING PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO OBJECTIONS AND DEFENSES TO THE TAKING ASSERTED BY DEFENDANTS FREEDOM TD PRODUCTS, INC. AND LIBERTY TIRE RECYCLING, LLC; RESERVING ISSUE OF JUST COMPENSATION FOR JURY TRIAL GLEN H. DAVIDSON , District Judge . Pursuant to an opinion issued this day, the Court ORDERS as follows: (1) The motion for judgment on the pleadings [23] filed by Plaintiff United States of America, upon the relation and for the use of the Tennessee
Summary: ORDER GRANTING PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO OBJECTIONS AND DEFENSES TO THE TAKING ASSERTED BY DEFENDANTS FREEDOM TD PRODUCTS, INC. AND LIBERTY TIRE RECYCLING, LLC; RESERVING ISSUE OF JUST COMPENSATION FOR JURY TRIAL GLEN H. DAVIDSON , District Judge . Pursuant to an opinion issued this day, the Court ORDERS as follows: (1) The motion for judgment on the pleadings [23] filed by Plaintiff United States of America, upon the relation and for the use of the Tennessee V..
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ORDER GRANTING PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO OBJECTIONS AND DEFENSES TO THE TAKING ASSERTED BY DEFENDANTS FREEDOM TD PRODUCTS, INC. AND LIBERTY TIRE RECYCLING, LLC; RESERVING ISSUE OF JUST COMPENSATION FOR JURY TRIAL
GLEN H. DAVIDSON, District Judge.
Pursuant to an opinion issued this day, the Court ORDERS as follows:
(1) The motion for judgment on the pleadings [23] filed by Plaintiff United States of America, upon the relation and for the use of the Tennessee Valley Authority, is GRANTED, because it has the right to take, for just compensation, the subject property for the erection, operation, and maintenance of electric power transmission circuits and communication circuits; and
(2) Defendants Freedom TD Products, Inc. and Liberty Tire Recycling, LLC's objections and defenses as to the taking fail as a matter of law.
The Court further ORDERS that Defendants Freedom TD Products, Inc. and Liberty Tire Recycling, LLC are entitled to a trial to contest the compensation offered. Therefore, the case sub judice shall remain on the Court's docket for further proceedings to address the issue of compensation.
SO ORDERED.
Source: Leagle
