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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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TransCanada Appeals Landowner Victory in Holt County Court

Not even a court victory can stop TransCanada from continuing their fight against Nebraska landowners.

19 families in Holt County, Nebraska secured a victory against TransCanada, the company behind the Keystone XL Pipeline, earlier this year when a judge ordered the foreign oil company to repay all legal fees and costs associated with the landowner’s fight against eminent domain claims. At the time, Holt County District Court Judge Alan Brodbeck ordered TransCanada to pay each landowner $8,844.21 in reimbursement.

The oil company appealed Brodbeck’s ruling last week, arguing that since they have not abandoned the project they should not be required to reimburse the landowners. Domina Law Group attorney Brian Jorde spoke to the families gathered outside the Holt County Courthouse on Monday, October 17, to help explain what happened in the courthouse. He said:

“TransCanada is arguing that they have not abandoned the condemnations proceedings. But I think it was pretty clear by what happened today that the judge is probably leaning in the direction that they have, and the question will come down to whether they have enough evidence as to the amount of fees and expenses actually incurred in the land owners resistance in the pipeline.”

Brian remains hopeful that the original ruling will stand, seeing as TransCanada has yet to secure a single victory in county court. Bold Nebraska’s Jane Kleeb spoke with News Channel Nebraska, saying that,

“TransCanada continues to think that they can leave landowners in limbo with the expectation that any day they could come knocking on their door putting eminent domain papers in front of them. TransCanada has no right to continue the stress and financial burden that they are placing on landowners because they have no active permit and therefore have no right to use eminent domain for private gain.”

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