Monday, July 30, 2012

Fay v. Dominion Transmission, Inc. – District Court Grants Motion for Summary Judgment in Takings Case.

On July 24th, the United States District Court for the Middle District of Pennsylvania granted Defendant Dominion Transmission’s motion for summary judgment. Plaintiff Scott Allen Fay filed a complaint against Dominion Transmission, alleging that the company violated the Pennsylvania Eminent Domain Code by storing natural gas under Fay's property and contaminating his property and groundwater. After discovery revealed that the property was located outside the storage field and buffer zone, Dominion Transmission filed a motion for summary judgment. The court held that Fay’s claim failed as a matter of law and granted the motion for summary judgment because there was no evidence that Dominion Transmission stored natural gas under Fay’s property or that Dominion Transmission’s actions prevented Fay from using his property.
Written by Joseph Negaard, Research Assistant
Penn State Law, Agricultural Law Center
July 30, 2012

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