PRESSL v. APPALACHIAN POWER CO.

No. 15-2348.

842 F.3d 299 (2016)

Richard A. PRESSL; Theresa Pressl, Plaintiffs-Appellants, v. APPALACHIAN POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 21, 2016.


Attorney(s) appearing for the Case

ARGUED: James Frederick Watson , Caskie & Frost, P.C., Lynchburg, Virginia, for Appellants. Frank Kenneth Friedman , Matthew Patrick Warren Pritts , Woods Rogers, PLC, Roanoke, Virginia, for Appellee. ON BRIEF: Pavlina B. Dirom , Caskie & Frost, P.C., Lynchburg, Virginia, for Appellants. C. Carter Lee , Woods Rogers, PLC, Roanoke, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Motz wrote the opinion, in which Judge Traxler and Judge Floyd joined.


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...

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