Cox v. Sunoco Pipeline
Judge Katherine B. Emery of Washington County has issued another Order in the Sunoco Pipeline efforts to use eminent domain for the Pennsylvania Pipeline. On May 23, 2014, the Judge learned that four of the five consolidated cases had progressed to verbal agreements and the fifth case was nearing settlement. She ordered the matter stayed, or delayed, until June 23, 2014. By then the five cases are likely to be settled. Judge Emery thus would not decide the eminent domain case of Cox v. Sunoco. Multiple other similar cases before her would then be allowed to progress to a decision.
Tentative settlement reached in Sunoco Pipeline eminent domain caseby: Scott Beveridge, staff writer
observer-reporter.com, Published May 27, 2014
A tentative out-of-court settlement was reached between Sunoco Pipeline and a Chartiers Township couple who were attempting to prevent the company from imposing eminent domain to secure an easement to cross their property for a new Marcellus Shale pipeline.
Sunoco attorneys informed Washington County Judge Katherine B. Emery Friday of the pending agreement that would end the case involving Ron and Sallie Cox, who headed a list of more than 40 local property owners involved in similar litigation with the company, the judge’s law clerk said Tuesday. Three other cases were combined with the Cox appeal.
The remaining lawsuits stand in the way of Sunoco completing a 50-mile pipeline from MarkWest Energy’s gas-processing plant in Chartiers to Delmont to hook into a nearly 20-year-old line crossing Pennsylvania into Delaware.
Central to the Cox appeal was whether Sunoco could claim public utility status to acquire easements for the pipeline.
The complicated legal battle saw Sunoco switch attorneys in March in the Washington County case and in a related appeal before the state Public Utility Commission when its former law firm was accused of having a conflict of interest with the PUC. Sunoco, meanwhile, lost an appeal in York County in February involving a related pipeline project there.
Sunoco spokesman Jeff Shields didn’t return messages Tuesday. The Coxes and their attorney, Harrisburg attorney Michael Faherty, who represents the Coxes and others involved in the challenges, confirmed there was a oral agreement to settle with the Chartiers couple and three other property owners.
Faherty said the terms of the settlements would not be divulged “for the time being.”
Emery apparently was prepared to rule in the Cox case after Friday’s deadline for Sunoco’s new law firm to catch up on the case.
The company also hasn’t file a petition in Washington County Court to withdraw its case against the Coxes.