ELR Citation: ELR 20125
No(s). 05-4521 (3d Cir. Jun 6, 2007)

The court vacated a lower court judgment enjoining two power companies from removing trees along a street so that they could inspect and maintain three underground, high-pressure, natural gas pipelines. There are genuine issues of material as to whether removal of the trees is reasonably necessary to the maintenance of the pipelines and whether the companies are barred by the doctrine of laches from asserting a right to remove the trees pursuant to an easement grant. Hence, the lower court's judgment was vacated and the case was remanded for further proceedings.