[UPDATED NOV. 21, 1:30 P.M. - After a conference call with both parties, a federal judge ordered Mangione Enterprises to stop building the tennis court until a Dec. 31 hearing on the matter.]
Earlier this year, we wrote about a natural gas company’s federal lawsuit alleging it could not perform necessary maintenance on pipelines because tennis courts and golf paths at Turf Valley Country Club encroached on its easements.
In August, a federal judge ruled club owner Mangione Enterprises of Turf Valley LP could not interfere with Columbia Gas Transmission LLC’s right to access its easements.
The ruling also allowed Columbia Gas to remove “structures and encroachments within the easements” – such as a tennis court, which it did.
Columbia Gas finished its work late last month and warned Turf Valley about the dangers of rebuilding the court on top of a natural gas pipeline.
Last week, however, Mangione informed Columbia Gas it would be rebuilding the tennis court, prompting Columbia Gas to file an emergency temporary restraining order Tuesday in U.S. District Court.
“The public will undoubtedly benefit from an order enjoining construction that has the potential to result in serious bodily injury or death should an explosion occur,” lawyers for Columbia Gas wrote.
Should the temporary restraining order not be granted, Columbia Gas says it has a right to condemn the area where Mangione wants to build the tennis court under the federal Natural Gas Act.