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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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Both Landowners and TransCanada Ask Nebraska PSC to Reconsider Keystone XL Ruling

Barely one week after the Nebraska Public Service Commission (PSC) approved an alternate route for the Keystone XL pipeline, both sides are requesting that it reconsiders its decision, albeit for different reasons.

Attorney Brian Jorde, who is representing the landowners in their fight against the pipeline, said that his motion to reconsider is to clarify that the PSC rejected the preferred route, the only route under consideration. According to Jorde, a new application needs to be submitted in order for the PSC to consider an alternative route.

“The PSC was only evaluating one thing, and one thing only – TransCanada’s proposed Preferred Route,” Jorde said.

On the other site, TransCanada stated that its motion to reconsider is not intended to change the approved route, but to “address some questions” brought up by the approval of this alternative route by filing and amended application.

“(This) is not an attempt by TransCanada to have the PSC alter its approval of the alternative mainline route,” said company spokesman Terry Cunha. “As we outlined (last week), we continue to review the decision and its impact on the cost and schedule on the project.”

Jorde asked the PSC to schedule oral arguments to allow landowners to speak their part on the multi-billion dollar energy company’s request to simply amend its application.

The PSC has not yet made any rulings on either of these motions. According to an official PSC spokeswoman, the panel as up to 60 days to make its ruling on these types of requests.

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