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United States Sixth Circuit


Metro Hydroelectric Co., LLC v. Metro Parks, 073291

In dispute regarding property rights to an area of land related to an easement, grant of a preliminary injunction to plaintiff is reversed where: 1) there is no case, regulation or statute that provides any indication that a preliminary permit grants the permit holder any right to enter private property to conduct Federal Energy Regulatory Commission (FERC) studies; 2) to the contrary, all indications from the relevant statutes and regulations point to the opposite conclusion; and thus 3)there is no federal subject matter jurisdiction.

Appellate Information

  • Decided 09/04/2008
  • Published 09/04/2008

Judges

Court

  • United States Sixth Circuit

Counsel

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