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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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Landowners, TransCanada Make Arguments For and Against Amended Keystone XL Pipeline Application

The five members of the Nebraska Public Service Commission (PSC) listened to arguments about the recently approved alternative pipeline route from attorneys representing landowners and TransCanada on Tuesday, December 12.

TransCanada is looking to amend its application in order to address potential questions that will likely come up and lead to further legal battles and delays in construction.

However, those opposed to the pipeline argue that only rejected applications can be amended under routing law. The main route, no matter how flawed that approval may have been, was still approved by the PSC. On top of that, the PSC’s seven-month window to give a final decision ended on November 23.

“The gun has sounded; the game is over. You have no jurisdictional authority now to back up ... so they can amend,” said David Domina, one of the attorneys representing landowners.

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

The alternate route adds about five more miles of pipeline, and affects new landowners in nearly a dozen new counties in Nebraska. You can learn more about how you will be affected by this route here, and if your home is located along this new route call our firm at (888) 387-4134 or fill out our online form to let us know about your situation. Our attorneys at Domina Law Group have been working with landowners for nearly a decade, and will not stop fighting until our clients’ rights are secure.

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