762 Fed.Appx. 810 (11th Cir. 2019), 17-12322, Handy Land & Timber, LLLP v. Transcontinental Gas Pipe Line Company, LLC

Docket Nº:17-12322
Citation:762 Fed.Appx. 810
Opinion Judge:PER CURIAM:
Party Name:HANDY LAND & TIMBER, LLLP, Plaintiff-Appellant, v. TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, Defendant-Appellee.
Attorney:Donald C. Evans, Jr., Evans Law Firm, Cartersville, GA, Thomas Henry Camp, Attorney, The Camp Firm LLC, Newnan, GA, for Plaintiff-Appellant Nowell Donald Berreth, Ana Nicole DeMoss, William Clay Massey, Alston & Bird, LLP, Atlanta, GA, for Defendant-Appellee
Judge Panel:Before WILSON and JORDAN, Circuit Judges, and GRAHAM, District Judge.
Case Date:March 01, 2019
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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762 Fed.Appx. 810 (11th Cir. 2019)

HANDY LAND & TIMBER, LLLP, Plaintiff-Appellant,

v.

TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, Defendant-Appellee.

No. 17-12322

United States Court of Appeals, Eleventh Circuit

March 1, 2019

Editorial Note:

DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 11th Cir. Rule 36-2.)

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Donald C. Evans, Jr., Evans Law Firm, Cartersville, GA, Thomas Henry Camp, Attorney, The Camp Firm LLC, Newnan, GA, for Plaintiff-Appellant

Nowell Donald Berreth, Ana Nicole DeMoss, William Clay Massey, Alston & Bird, LLP, Atlanta, GA, for Defendant-Appellee

Appeal from the United States District Court for the Northern District of Georgia, D.C. Docket No. 3:17-cv-00041-ELR

Before WILSON and JORDAN, Circuit Judges, and GRAHAM,[*] District Judge.

OPINION

PER CURIAM:

Handy Land & Timber, LLLP (Handy Land) sued Transcontinental Gas Pipe Line Company, LLC (Transco) in Georgia state court, alleging state tort claims, for Transco’s removal and sale of trees from an easement on Handy Land’s property. Handy Land also sought a temporary restraining order, which the district court

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denied. Transco removed the action to federal court and moved to dismiss the case. The district court denied Handy Land’s motion to remand and granted Transco’s motion to dismiss. After the benefit of oral argument, we affirm.

I.

The Federal Energy Regulatory Commission (FERC) issued a certificate (FERC Certificate) approving Transco’s construction of a natural gas pipeline extension under the Natural Gas Act. 15 U.S.C. § 717f. Transco initiated condemnation proceedings in federal court to acquire easements along the pipeline route, which included Handy Land’s property, and obtained a preliminary injunction granting access to the property under its FERC Certificate.1

Transco removed trees within its easement on Handy Lands property and sold the timber for profit. Handy Land filed suit against Transco in Georgia state court, claiming trespass to chattels, money had and received, and trover. Handy Land sought (1) to enjoin the removal...

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