This case stemmed from a dispute between developer Killington/Pico Ski Resort Partners, LLC ("K/P") and the Highridge Condominium Owners Association regarding developer's proposal to construct additional units in the Highridge condominium development in Killington. On cross-motions for summary judgment, the trial court granted declaratory relief to the Association on the ground that the declaration of condominium did not authorize the original developer to add additional units unilaterally, and thus the alleged successor to the original developer's rights, K/P, also had no such right. After its review of the dispute, the Vermont Supreme Court concluded that K/P was the successor in interest to the original developer with respect to development rights, and was entitled to construct the proposed additional units under the declaration of condominium.
Petitioners challenged the Commission's approval of a proposal for the construction of a natural gas compressor station in the Town of Minisink, New York. Petitioners argued, among other things, that the Commission's approval of the project was arbitrary and capricious, particularly given the existence of a nearby alternative site (the Wagoner Alternative) they insist is better than the Minisink locale. The court concluded that the Commission's consideration of the Wagoner Alternative falls within the bounds of its discretion and the court had no basis to upset the Commission's application of its Section 7 of the Natural Gas Act, 15 U.S.C. 717-717z, authority on this point; the court was satisfied that the Commission properly considered cumulative impacts of the Minisink Project; the court reject petitioners' argument that the Minisink Project violates the siting guidelines; and the court rejected petitioners' claims of procedural errors. Accordingly, the court denied the petitions for review.
The Smiths appealed from the district court's order condemning portions of their property for the construction of a natural gas pipeline owned and operated by Alliance and granting Alliance immediate use and possession of the condemned land. The court concluded that it lacked jurisdiction to consider the Smiths' statutory challenges based on 18 C.F.R. 157.6(d) and North Dakota Administrative Code (NDAC) 69-06-08-01. The court also concluded that the Smiths received reasonable notice that Alliance was applying to FERC for the right to condemn their land; the court rejected the Smiths' allegation that Alliance violated several state procedural rules in bringing the condemnation action because Federal Rule of Civil Procedure 71.1 preempted all of these state procedures; Alliance satisfied any duty to negotiate with the Smiths in good faith pursuant to the Natural Gas Act, 15 U.S.C. 717f(h); and the district court did not abuse its discretion in holding that Alliance was entitled to immediate use and possession pursuant to Dataphase Sys., Inc. v. C L Sys., Inc. Accordingly, the court affirmed the judgment of the district court.