The Herald Banner, Greenville, TX

Local News

July 31, 2013

Appeals court hears arguments in fight over pipeline

GREENVILLE — A state appeals court heard arguments in Greenville Tuesday over a Lamar County woman’s fight against the installation of an oil pipeline on her land.

For her part, Julia Trigg Crawford felt the hearing before the Sixth District Court of Appeals could not have gone better.

“I thought that it went incredibly well,” Crawford said of her attempt to overturn an August 2012 ruling in the case of The Crawford Family Farm Partnership v. TransCanada Keystone Pipeline, L. P.

The decision in the Lamar County Court at Law upheld TransCanada’s condemnation of a 50-foot strip of land across Crawford’s pasture. The pipeline is being built to carry oil to Texas refineries from Canada.

Wendi Hammond, Crawford’s appeal attorney, argued TransCanada wasn’t eligible to receive a summary judgment in its favor in the case, as it does not meet the definition of a “common carrier” under the Texas Natural Resource Code.

Hammond claimed TransCanada does meet the definition of a general common carrier, but not a common carrier with eminent domain authority, which is reserved for companies which transport materials “intrastate”, or inside the state.

“It is bringing oil from outside the State of Texas into the State of Texas,” Hammond said, denying that decisions in similar cases set a precedent in the current appeal. “This is a new case.”

TransCanada attorney James Freeman said the distinction between intrastate and interstate business does not exist under the law regarding a common carrier and, even so, the proposed pipeline clearly meets the standard of a common carrier with eminent domain authority under the Texas Business Organizations Code, as it will meet the “public use” requirement.

“This is a pipeline that is going to bring tens of thousands of jobs to Texas,” Freeman said. “Jobs do go to the public use.”

The appeals court did not immediately issue a ruling in the case.

Crawford was impressed by the justices, whom she said appeared interested in the arguments and were “aggressively sympathetic to the arguments from both sides.”

She expects an additional appeal, to the Texas Supreme Court, to take place no matter how the court rules. Crawford believes TransCanada would automatically appeal if the appeals court rules in her favor and she intends to do the same if the decision goes against her.

“I have nothing to lose and the longer we stay in this the more the truth comes out,” Crawford said.

1
Text Only
Local News
  • Unemployment March 2014.jpg Jobless numbers take big dip

    Hundreds of people found jobs locally last month, as Hunt County’s unemployment statistics fell to a six-year low.

    April 19, 2014 1 Photo

  • GCS flying high

    Greenville Christian School teachers found an entertaining way to learn about physics.

    April 19, 2014

  • Easter Bunny stock photo.jpg Following one busy Easter Bunny

    Easter egg hunts are scheduled in several locations across the area today and Sunday.

    April 19, 2014 1 Photo

  • Three GISD teams advance to Global Finals

    After winning honors for creativity, teamwork and problem-solving in local, state and regional tournaments, three Greenville ISD teams have earned the right to travel to Destination Imagination’s Global Finals, the largest creative thinking and problem-solving competition in the world, May 21-24 in Knoxville, Tenn.

    April 18, 2014

  • Vaderrobot.jpg Dallas champions, Robowranglers look forward

    Practicing with the best hones skills and keeps members of Greenville High School Robowranglers on point, according to Director of Robotics Adrienne Emerson.
    The Robowranglers are preparing their robot “Vader” for the FIRST World Championships in St. Louis on April 23-26.

    April 18, 2014 1 Photo

  • Texas drougnt as of 4-17-2014.jpg Wet Easter Sunday possible

    It may be a wet Easter holiday in North Texas, as thunderstorms are again in the forecast for the weekend.

    April 17, 2014 1 Photo

  • Sheriff's Office Wanted fugitive captured in Ellis County

    April 17, 2014 1 Photo

  • Band1.jpg Roaring with pride

    The Greenville High School Lion Pride Band performs well under pressure, according to GHS band director Joel Weisburg

    April 17, 2014 1 Photo

  • Royce Tawater.jpg Shooting suspect changes mind on guilty pleas

    On second thought, a local man will leave it up to a jury to decide whether he is guilty of multiple charges in connection with two shootings in Greenville last summer.

    April 17, 2014 1 Photo

  • Easter Eggstravaganza stork photo.jpg A hunting we will go

    There will be lots of brightly colored eggs hidden in the grasses across Hunt County this weekend, and plenty of opportunities for children to find them.

    April 17, 2014 1 Photo

Featured Ads
Photos


See more photos and purchase prints here.

Poll

What's your favorite spring high school sport?

Swimming and diving
Wrestling
Basketball
Soccer
Tennis
Golf
Track and Field
Softball
Baseball
     View Results
Facebook
AP Video
Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest Police Arrest Suspect in Highway Shootings Drought Concerns May Hurt Lake Tourism Vermont Goat Meat Gives Refugees Taste of Home Calif. Investigators Re-construct Fatal Bus Cras Mayor Rob Ford Launches Re-election Campaign Appellate Court Hears Okla. Gay Marriage Case
Must Read
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Reader's Choice