LITIGATIONRESULTS - Whyte Hirschboeck Dudek SC

WHD saves interstate pipeline
company $5.6 million
pyper
buchko
In Gary Poeppel Living Trust v. Enbridge Energy, Limited Partnership
(Enbridge), Jefferson County Circuit Court Case No. 2009-CV-365, Enbridge
constructed two interstate crude oil pipelines through the plaintiff’s property
in 2007 and 2008. The property had two existing pipelines in the same
easement corridor that were constructed in 1968 and 1997. After the 2007-
2008 construction, the plaintiff opposed Enbridge’s drain tile system repair
design and, thus, water problems arose on the property. The plaintiff claimed
the pipelines were buried at insufficient depths, and the only way the property
could be properly remediated was to lower the pipelines, which would have
cost Enbridge in excess of $5.6 million. The plaintiff asked the court to order
Enbridge, represented by WHD, to lower the pipelines. While Enbridge agreed
that it was obligated to repair the drain tile, Enbridge claimed that the repairs
were not done after construction because of the plaintiff’s conduct, namely,
the demand that the pipelines be lowered. Enbridge sought access to the
plaintiff’s property to install its proposed drain tile system to remedy the
drainage problems and remediate the property. After a three-day trial, Judge
Hue in Jefferson County Circuit Court rejected the plaintiff’s contention that
Enbridge should be ordered to lower the pipelines, found that Enbridge’s
drain tile system design would adequately drain the property for cultivation,
and entered an order giving Enbridge access to the property to install its
proposed drain tile system. The positive outcome saved Enbridge more than
$5.6 million.
Litigation Type: Specific performance of an easement
Court: Jefferson County Circuit Court
Lead WHD Counsel: Thomas Pyper and Cynthia Buchko
Principal WHD Team Members: Thomas Pyper, Cynthia Buchko,
Melissa Caulum Williams, Erin Keesecker, Cindi Wittlinger (paralegal – litigation
support specialist), Cheryl Louis (paralegal)
Practice Area Involved: Litigation
LITIGATION RESULTS 17