Enbridge Pipelines (Illinois) LLC v. Moore

Federal 7th Circuit Court
Civil Court
Real Estate
Citation
Case Number: 
Nos. 10-2268 et al. Cons.
Decision Date: 
January 24, 2011
Federal District: 
C. D. Ill.; S. D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in granting plaintiff's motions for summary judgment in actions seeking declaration that plaintiff's easements to operate oil pipeline under defendants' properties were still in force. While record showed that 10-inch pipeline had not been in use between 1988 and 2006, Ct. rejected defendants' claim that easements were no longer in force because plaintiff had not maintained pipeline. Rather, Ct. found that easements had not been abandoned where plaintiff had spent some money on maintaining pipeline during relevant period, and where pipeline could have been put back into service with additional expenditures by replacing any broken parts.