Potential huge liabilty for AEP. Many property owners have been harmed by the actions of AEP.
From the Unanimous Decision attached ...
DIANA GRIBBON MOTZ, US 4th Circuit Judge wrote:
"Landowners brought this action in state court seeking a declaration of their rights to build a dock on property subject to a flowage easement. After the power company, which owns the easement, removed the case to federal court, the landowners sought to remand the case to state court. The district court denied the motion to remand and then dismissed the landowners’ complaint. Because the district court lacked subject matter jurisdiction, we must vacate and remand."
Over the next few days CURB will furnish more analysis and discuss the impact of this decision upon Smith Mountain Lake landowners, businesses, local organizations, and local governments.
Bottomline: (1) APCO can no longer fabricate federal jurisdiction to drag private property owners to federal court for violation of the Federal Power Act, Shoreline Management Plan or its Federal License; (2) APCO has no federal right to demand that property owners apply for permits; (3) Permits that APCO issued may be invalid, since those permits claimed APCO held federal authority under their license to regulate private property; (4) Virginia state court will eventually determine Pressls' rights under the flowage easement and APCO will be forced to prove how anyone's dock prevents APCO from flooding and operating the dam and associated power station.
CURB Does Not Provide Legal Advice.
For Our Property Rights,
Bill Brush
Cut Unnecessary Regulatory Burden, Inc.
To protect the legal rights of property and business owners impacted by overreaching and unnecessary federal regulation of federally licensed hydro-projects.
CURB-FERC-AEP.COM
