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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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NEAT and Landowners Prepare Response to New Keystone XL Pipeline Route

Landowners along the recently approved alternate Keystone XL pipeline route met last week to discuss the legal options available to them.

The Nebraska Easement Action Team (NEAT) met on Thursday to outline the changes created by the Public Service Commission’s (PSC) decision. In an interview with the Norfolk Daily News, attorney Brian Jorde commented on the fact that while the landowners he represents are fighting against TransCanada, it doesn’t necessarily mean that they are opposed to the existence of the pipeline itself.

“That means we want to have a collection of landowners together in one coalition, negotiating together to get the best terms if this project comes through,” Jorde said. “If some of those people also happen to be against the pipeline, that’s for them to decide. NEAT is simply pro-landowners, protecting property rights.”

Earlier in the week, attorney David Domina argued against the PSC’s decision to approve the alternate route rather than simply rule on the proposed route, saying that it overstepped its authority in doing so.

"It's no different if someone comes in here and applies to run a telephone service from York to Aurora. You're not authorized to give them Ainsworth to O'Neill," attorney Dave Domina said.

Domina argued that the PSC was only allowed to rule on the preferred route, not make a decision on an alternate option that was never discussed during the hearings.

"My clients didn't get discovery on any other route. They weren't offered an opportunity to be heard on any other route. They weren't given notification of application of any other route," Domina said.

Our attorneys at the Domina Law Group have been fighting for the rights of landowners for the better part of a decade, and remain committed to continuing this legal battle for as long as it takes to secure our clients the outcome they deserve. You can learn more about the alternate pipeline here, or if your home is in the newly approved path, call us at (888) 387-4134 to speak with a member of our firm about what your options are today.

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