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TEXAS GAS TRANSMISSIONS v. BUTLER COUNTY BD.

No. 09-3743.

625 F.3d 973 (2010)

TEXAS GAS TRANSMISSIONS, LLC, Plaintiff-Appellant, v. BUTLER COUNTY BOARD OF COMMISSIONERS; Gregory Jolivette, Charles Furmon, Michael Fox, Butler County Commissioners; Butler County, Ohio; HUT-1-LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 29, 2010.

Attorney(s) appearing for the Case

ARGUED: Wilson G. Weisenfelder, Jr. , Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, for Appellant. C.J. Schmidt, III , Wood & Lamping LLP, Cincinnati, Ohio, for Appellees. ON BRIEF: Wilson G. Weisenfelder, Jr. , Lynne Marie Longtin , Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, for Appellant. C.J. Schmidt, III , Wood & Lamping LLP, Cincinnati, Ohio, Roger S. Gates , Butler County Prosecutor's Office, Hamilton, Ohio, Thomas L. Cuni , Mark A. Wilder , Cuni, Ferguson & LeVay Co., L.P.A., Cincinnati, Ohio, for Appellees.

Before: GIBBONS and GRIFFIN, Circuit Judges; DOWD, Senior District Judge.

OPINION

PER CURIAM.

This case concerns the impact of Butler County's proposed improvement to Princeton Road on two 26-inch subterranean gas pipelines owned by Texas Gas. The pipelines intersect the road and, in part, run underneath Butler County's 66-foot wide right-of-way on Princeton Road. The improvement will accommodate the traffic caused by the construction of a new residential subdivision and require the strengthening or removal of Texas Gas's underground...

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