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Keywords

lawsuitappealtrialmotionsummary judgmentmotion for summary judgment

summary judgmenteasement

Related Cases

Township of Piscataway v. Duke Energy, 488 F.3d 203, 166 Oil & Gas Rep. 557

Facts

The action was initiated by the Township of Piscataway and homeowners to prevent Duke Energy and Texas Eastern from removing fifty trees planted along Fountain Avenue. The companies claimed the removal was necessary for the safe inspection and maintenance of high-pressure natural gas pipelines beneath the street. After the Township settled with the companies, the homeowners continued their lawsuit, which resulted in the District Court granting summary judgment in favor of the homeowners, permanently enjoining the removal of the trees.

In April 2000, Duke announced that it would be removing approximately eighty trees from Fountain Avenue in order to better maintain the pipelines.

Issue

Whether the removal of trees by Duke Energy and Texas Eastern was reasonably necessary for the maintenance of the pipelines and whether the companies were barred by the doctrine of laches from asserting a right to remove the trees.

Whether removal of the trees on Fountain Avenue is “reasonably necessary” to Duke's maintenance of the pipelines, and (2) whether Duke is barred by the doctrine of laches from asserting a right to remove the trees pursuant to the terms of the easement grant.

Rule

The court applied the legal principles regarding standing, the necessity of tree removal for pipeline maintenance, and the doctrine of laches under New Jersey law.

The doctrine of standing encompasses both constitutional requirements and prudential considerations.

Analysis

The court found that there were genuine issues of material fact regarding whether the removal of the trees was necessary for the maintenance of the pipelines. The evidence presented by Duke suggested that aerial surveillance and emergency access to the pipelines could be impeded by the trees, but the District Court had previously ruled that Duke failed to provide sufficient evidence to support its claims. The appellate court concluded that these factual disputes warranted a trial.

In sum, we conclude that because there is a triable issue of fact as to whether removal of the trees is reasonably necessary to Duke's maintenance of the pipelines, the District Court should not have entered summary judgment in favor of the homeowners.

Conclusion

The Court of Appeals vacated the District Court's judgment and remanded the case for further proceedings, indicating that there were triable issues of fact regarding the necessity of tree removal and the application of the doctrine of laches.

Vacated and remanded.

Who won?

The homeowners prevailed in the District Court, as the court granted their motion for summary judgment and permanently enjoined the removal of the trees, finding that Duke had not demonstrated the necessity of removal.

The District Court ruled in favor of the homeowners and permanently enjoined Duke and Texas Eastern from removing the trees.

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