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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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The Final Push Against TransCanada's Preferred Route for its Keystone XL Pipeline

The Nebraska Public Services Commission (NPSC) is set to announce its decision on the Keystone XL Pipeline’s route on Monday, November 20.

The proposed 1,179-mile pipeline linking oil sands in Alberta, Canada to refineries in the United States has been the battleground for landowners, environmentalists, and corporate interests for the better part of a decade. However, this decision will only weigh whether or not this project is in the public interest of Nebraskans, and will not consider the potential environmental impact.

This battle is led by about 90 landowners whose land is on the proposed pipeline route, and would be required to allow the Canadian company to build on their property. They are arguing that a foreign company should not be permitted to use eminent domain law to seize American land.

Earlier this year, opponents of the project argued that there was minimal commercial interest in the project due to the fact that United States drilling has dramatically increased its production over the past few years.

Even if the NPSC rules against the landowners on Monday, attorney Brian Jorde, who is representing landowners in this fight, does not expect the fight to end any time soon. This decision can be appealed within 30 days to the Court of Appeals after the final vote, and these legal challenges can take as long as two years.

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