TransCanada wins court challenge to attorney fees, won’t have to pay $354K

“TransCanada will not have to pay $354,000 in attorney fees in cases where Nebraska landowners fought the company’s attempts to use eminent domain to make way for the Keystone XL pipeline, the Nebraska Supreme Court has ruled.

“We conclude that the landowners did not offer sufficient proof as to their entitlement to an award of attorney costs and fees,” Chief Justice Michael Heavican wrote in Friday’s opinion.

TransCanada ultimately dismissed its condemnation petitions in 2015, opting instead to pursue approval of a pipeline route from the Nebraska Public Service Commission.

Last year, the commission approved the company’s “mainline alternative” route on a 3-2 vote. That decision is on appeal and could have oral arguments before the state’s highest court late this summer.

But Friday, the Supreme Court addressed the 40 cases on appeal in Holt, York, Saline and Nance counties. In them, David Domina represented 71 landowners who sought costs, expenses and attorney fees for work done in connection to the eminent domain proceedings, as well as a constitutional challenge.”
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Pilger, Lori. The Columbus Telegram 9 March 2018.