NEXUS has to submit a route plan to regulators for approval this fall. Its lawyers say it can’t complete that plan without surveying all properties potentially involved; so it needs the court to order uncooperative landowners to allow its crews to work.
After testimony ended, Arthur Diestel of NEXUS talked about other suits the company has filed -- and, what he says may be a misunderstanding about what it means to allow surveyors on your property.
“In other counties, Sandusky County and Columbiana County off the top of my head, we have received favorable rulings that agree with the state law as laid out that allows for the right to survey. But ... that does not imply support for the program or that the route would actually be located in those areas.”
Defense view Doug Arbuckle was among the crowd of Medina County residents who filled the courtroom to overflowing in support of the four defendants.
“I felt very encouraged by it. I felt that the defense attorney did a very good job in presenting the case. Hopefully the judge will decide in our favor.”
Al Junke is a supporter of the land owners, too. He thinks the court decision will be close and might might take into account more than just technical points of law.
"It's going to be a tough call. It's not the end of the road because there are going to be a lot of other steps involved. They both made good valid points. But, my gut feeling is that the thing shouldn't be built in the Lake Erie watershed. It should have been moved out in less developed territory."
A decision on the company's request for a restraining order is expected late this week or early next week. |