Columbia Gas Transmission, LLC v. Mangione Enters. of Turf Valley, L.P.

Decision Date26 September 2014
Docket NumberCivil Action No. ELH-13-2317,Civil Action No. ELH-13-0115
PartiesCOLUMBIA GAS TRANSMISSION, LLC, Plaintiff/Counter-Defendant, v. MANGIONE ENTERPRISES OF TURF VALLEY, L.P., Defendant/Counter-Plaintiff.
CourtU.S. District Court — District of Maryland

COLUMBIA GAS TRANSMISSION, LLC, Plaintiff/Counter-Defendant,
v.
MANGIONE ENTERPRISES OF TURF VALLEY, L.P., Defendant/Counter-Plaintiff.

Civil Action No. ELH-13-0115
Civil Action No.
ELH-13-2317

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

September 26, 2014


MEMORANDUM OPINION

These cases arise from a years-long dispute between Columbia Gas Transmission, LLC ("Columbia") and Mangione Enterprises of Turf Valley, L.P. ("Mangione"). The dispute relates to natural gas pipelines owned and maintained by Columbia, and which, pursuant to easements, traverse property in Howard County, Maryland, owned by Mangione.

Columbia and Mangione have filed several suits against one another, including the two above-captioned cases, which have been consolidated.1 On May 29, 2014, Mangione filed an amended counter-complaint against Columbia (ECF 80, the "Amended Counter-Complaint" or

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"Am. C-Compl."), raising claims for declaratory judgment (Count I); trespass (Count II); "Breach of Contract - Easement" (Count III); negligence (Count IV); negligent misrepresentation (Count V); "Breach of Contract - MOU," pertaining to a memorandum of understanding (Count VI); and "Inverse Condemnation" (Count VII).2 Mangione seeks, inter alia, declaratory relief, damages, costs, and attorneys' fees.

Thereafter, Columbia filed a "Partial Motion to Dismiss Mangione Enterprises of Turf Valley, L.P.'s Amended Counter Complaint" (ECF 83, "Mot."), accompanied by a supporting memorandum (ECF 83-1, "Mem.") (collectively, the "Motion").3 Mangione opposes the Motion (ECF 88, "Opposition" or "Opp."), and Columbia has replied (ECF 89, "Reply").

No hearing is necessary to resolve Columbia's Motion. See Local Rule 105.6. For the reasons that follow, the Motion will be granted in part and denied in part.

I. Background4

Central to the parties' dispute are several easements, including two granted six decades ago. On July 28, 1954, H. Lee Ramsburg and Lillian S. Ramsburg granted a right of way to Columbia's predecessor in interest, Atlantic Seaboard Corporation ("Atlantic"), which was recorded in the land records of Howard County. See Am. C-Compl. ¶ 10; id. Exh. 3 (ECF 80-3, copy of deed). In addition, on July 29, 1954, Samuel M. Pistorio and Constance V. Pistorio granted a right of way to Atlantic, which was also recorded in the Howard County land records.

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See Am. C-Compl. ¶ 9; id. Exh. 2 (ECF 80-2, copy of deed). Atlantic paid a sum of $211.00 to the Ramsburgs and a sum of $332.00 to the Pistorios in connection with the grants (Am. C-Compl. Exh. 2 and 3 are collectively the "1954 Easements"). Am. C-Compl. ¶ 25.

Each deed provides Atlantic and "its successors and assigns," which came to include Columbia, "the right to lay, maintain, operate and remove a pipe line for the transportation of gas." Am. C-Compl. Exh. 2 and 3. In addition, each deeds states: "It is agreed that the gas line to be laid under this grant shall be constructed and maintained below cultivation, so that Grantors may fully use and enjoy the premises, subject to the rights of the Grantee to maintain and operate said lines." Id.5 Further, each deed provides: "Also where necessary and convenient, Grantee may haul over the above described lands such pipe and material needed in the construction of the lines on adjoining lands." Id. Sometime between its acquisition of the 1954 Easements and 1958, Atlantic installed a natural gas pipeline, known as "Line MB," pursuant to those easements. See Am. C-Compl. ¶ 15.

Beginning in 1958 and continuing into the early 1960s, the Pistorios developed their property into a golf course resort, with two 18-hole golf courses, cart paths, in-ground irrigation systems for each golf course, a club house, a swimming pool, tennis courts, a driving range, practice facilities, and a parking lot. See Am. C-Compl. ¶¶ 16-17. Mangione alleges that during

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the installation of these improvements, "Atlantic personnel were on site to advise and assist in the installation of the . . . Improvements in and around the gas pipeline." Id. ¶ 18. By 1966, the Pistorios and the Ramsburgs had transferred their titled interests to Turf Valley Associates, which eventually sold that land (the "Turf Valley Property" or the "Property") to Mangione. See Am. C-Compl. ¶ 11.

In 1973, Turf Valley Associates granted Columbia another right of way on the Property (the "1973 Easement") for "the right to lay, maintain, operate and remove a pipe line for the transportation of gas." See Am. C-Compl. ¶¶ 12, 19; id. Exh. 4 (ECF 80-4, copy of deed). Columbia obtained the 1973 Easement, for which it paid a sum of $1,705.00, in order to construct a second pipeline, known as "Line MA." See Am. C-Compl. ¶¶ 12, 19; id. Exh. 4.

Although the 1973 Easement contains provisions similar to the 1954 Easements, the 1973 Easement also states, inter alia, that "Grantee shall pay Grantor for all damages done in said operation to the lands, trees, shrubs, or to any structures" by agents or employees of Grantee; that "Grantee further agrees to pay for any damages that may arise from the operation, maintenance and removal of said lines"; that upon completion of Grantee's work, "the surface of the ground appurtenant to said gas line shall be smoothed, and all excavation and pits shall be forthwith filled in by Grantee"; that Grantee "agrees to pay Grantor for the entire cost of seeding sodding, cleanup and repairs caused in any way by the granting of this Easement, and further Grantee agrees to pay Grantor for any maintenance to the said property of Grantor necessary to put the golf courses back into the condition of such prior to the granting of this easement and will restore the surface of the ground in as good condition as when entered upon by Grantee or his agents, employees or licensees." See id. In addition, the 1973 Easement states that "Grantee shall pay

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Grantor for the loss of [certain] profits due to the installation of the said pipe line," up to certain amounts specified in the deed. Id. And, the 1973 Easement provides that "Grantor shall not construct . . . any house, structures or obstructions on or over or that will interfere with the construction, maintenance or operation of the pipe line or appurtenances constructed hereunder and will not change the grade of said right of way." Id.

In December 1978, Turf Valley Associates sold the Property, encumbered by the deeds described above, to Mangione. See Am. C-Compl. ¶¶ 7-8; id. Exh. 1 (ECF 80-1, deed reflecting sale to Mangione). Thereafter, in 1984 Mangione entered into an additional right of way agreement with Columbia, under which Columbia was allowed "to construct, lay, maintain, operate, repair, replace, alter the size of, and remove two pipelines not to exceed 26 inches in diameter for the transportation of gas." See Am. C-Compl. ¶ 13; id. Exh. 5 (ECF 80-5, copy of deed).

Between 1988 and 1997, Mangione "added additional improvements to the Property," including a hotel, conference and banquet facilities, additional parking, and modifications to the practice facilities. See Am. C-Compl. ¶ 20. According to Mangione, among these improvements the only aspect that was "newly installed over the gas pipeline pathway [was the] additional parking spaces," which Mangione "installed with the permission of Columbia." Id. Although Mangione also made certain upgrades to the tennis courts, the courts remained in their original location. See id.

During that time period, Columbia filed suit in this Court against Mangione, apparently as a result of Mangione's planting of a tree in the Line MA right-of-way, and its erection of a "modular office," a "ground level and elevated driving range deck," and an additional tree, all in

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the Line MB right-of-way. See Civil Case AMD-94-2955, "Declaratory Judgment and Order" (docketed in ELH-13-115 as ECF 13-1 and 41-3 and in ELH-13-2317 as ECF 9-2).

On October 31, 1995, Judge Andre Davis, at the time a member of this Court, entered a Declaratory Judgment and Order,6 that stated, inter alia:

(6) Columbia is required to maintain a high-pressure pipeline; to do so, it must occasionally uncover and replace portions of the pipeline. This maintenance work requires the use of heavy construction equipment on the surface in the vicinity of the pipeline, and the equipment and work require[] at least 25 feet of unobstructed access to the pipeline on each side . . . .

* * *

(8) . . . . To reasonably exercise its right-of-way for Lines MA and MB, Columbia must keep 25 feet on either side of its pipeline clear of permanent obstructions . . . .

* * *

(11) [Mangione]'s refusal to remove the structures that it has located within Columbia's rights-of-way constitutes an unreasonable interference with the rights-of-way in that it prevents Columbia from complying with applicable Federal laws and regulations for the safety of the public, and it jeopardizes Columbia's ability to maintain its pipeline for providing natural gas to its customers.

(12) [Mangione]'s location of structures in Columbia's natural gas pipeline rights-of-way is in violation of Columbia's rights under the Deeds of Easement granting the rights-of-way to Columbia under Maryland law . . . .

(13) [Mangione] shall, within 30 days of the date of this Order, remove all structures that are (a) within 30 feet of Columbia's pipeline designated Line MA, and (b) within 25 feet of Columbia's pipeline designated
...

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