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Appeals court reinstates trespassing lawsuit against Enbridge Energy

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Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

WAUSAU, WI (WTAQ) - A state appeals court has reinstated a trespassing lawsuit filed by a landowner in Superior against a pipeline company.

Tuesday, the Third District Appellate Court in Wausau reversed a circuit judge’s ruling which threw out a case filed by Jeremy Engelking.

He said Enbridge Energy illegally trespassed on his land, when it built three crude oil pipelines in 2002 and 2009.

Enbridge claimed it had the right to access the property under an existing easement. But the appellate court said a Douglas County judge wrongly assumed that the easement covered the entire property – and the language about that was not clear.

When the circuit court threw out the man’s lawsuit, it told Enbridge Energy to pay Engelking $4,000 in compensation. 

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