Opinion
CASE NO.: 3:10-cv-00332-RCJ-RAM.
October 12, 2010
J. Stephen Peek, Esq., NV Bar # 1758, J. Robert Smith, NV Bar #10992, HOLLAND HART LLP, Reno, NV, Attorneys for Plaintiff Ruby Pipeline, LLC.
ORDER GRANTING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION AUTHORIZING IMMEDIATE POSSESSION
The Court, having carefully considered Plaintiff, Ruby Pipeline, L.L.C.'s ("Ruby Pipeline") Motion for Preliminary Injunction Authorizing Immediate Possession, the points and authorities in support thereof, and the evidence presented therewith, including the Declaration of Thomas L. Price, the Declaration of John J. Jermyn, the Declaration of Robert M. Poteete, the Declaration of Kelly Osborn; the Affidavit of Lynn A. Christiansen, the Affidavit of David W. Clare, the Affidavit of Time Proeme, and the Declaration of Daniel Gredvig, and the Court notes that no objections or defenses to the taking have been filed and that no responses were filed thereto, and good cause appearing; the Court finds that: (1) Ruby Pipeline's condemnation authority has been previously reviewed and confirmed by this Court; (2) Ruby Pipeline is likely to succeed on the merits; (3) Ruby Pipeline is likely to suffer irreparable harm in the absence of preliminary relief; (4) the balance of equities tips in Ruby Pipeline's favor; and, (5) that an injunction is in the public interest.
IT IS THEREFORE ORDERED that Ruby Pipeline's Motion for Preliminary Injunction Authorizing Immediate Possession is hereby GRANTED. IT IS FURTHER ORDERED that a preliminary injunction be and is hereby issued granting Ruby Pipeline immediate access to and possession of the easements and temporary workspaces as prayed for in the Verified Complaint with respect to the real property owned by the Estate of Velda Hanville, and the real property owned by that Certain Unrecorded Self Trusteed Trust of which Benjamin Inlay Solomon is Trustee, for the limited uses and purposes described in the Verified Complaint. Ruby Pipeline shall deposit the estimated fair market value of the condemnations in an amount of $12,000 with the Registry of this Court.
IT IS FURTHER ORDERED that a trial on the issue of the just compensation to be paid by Ruby Pipeline to the remaining defendants Benjamin Inay Solomon, Trustee Under That Certain Unrecorded Self Trusteed Trust, and the Estate of Velda Hanville, will be set by the Court in due course.
DATED this 12 day of October, 2010