Mid-Atlantic Express, LLC v. Baltimore County, 010711 FED4, 09-2234
|Opinion Judge:||PER CURIAM:|
|Party Name:||MID-ATLANTIC EXPRESS, LLC, a Delaware LLC, Plaintiff - Appellee, v. BALTIMORE COUNTY, MARYLAND, Defendant-Appellant, and CHAPOLINI ASSOCIATES; RESERVIOR ROAD INVESTORS, LLC; QUAD PARTNERS LIMITED PARTNERSHIP; DUNDALK OPTIMIST FOUNDATION, INCORPORATED; STATE OF MARYLAND STATE ROADS; ANTHONY SZLACHETKA, JR.; GEORGE T. WISE, III; HARRY RUDO; SHIRLEY M|
|Attorney:||John E. Beverungen, County Attorney, James J. Nolan, Jr., Assistant County Attorney, Towson, Maryland, for Appellant. Jerrold A. Thrope, GORDON, FEINBLATT, ROTHMAN, HOFFBERGER & HOLLANDER, Baltimore, Maryland, for Appellee.|
|Judge Panel:||Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.|
|Case Date:||January 07, 2011|
|Court:||United States Courts of Appeals, Court of Appeals for the Fourth Circuit|
Submitted: December 10, 2010
Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:09-cv-02386-CCB)
Vacated and remanded by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Baltimore County, Maryland ("Baltimore County") seeks to appeal the district court's order granting a preliminary injunction to Mid-Atlantic Express, LLC ("Mid-Atlantic") for pre-acquisition entry into certain county properties and residences along a proposed liquid natural gas pipeline route. Mid-Atlantic sought entry in order to complete certain surveys for submission to the Federal Energy Regulatory Commission ("FERC") for final project approval. During the pendency of this appeal, Mid-Atlantic completed the surveys and voluntarily dismissed the action. Mid-Atlantic has now moved to dismiss Baltimore County's appeal. After we deferred action on the motion to dismiss, Mid-Atlantic represented to the court that it would neither file a brief nor attend oral argument...
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