EAST TENN. NATURAL GAS v. 2.93 ACRES IN WYTHE CO., VA. (W.D.Va. 8-21-2007)

JACKSON KISER, Senior District Judge

Before me are four Motions in Limine filed by the Defendants and seven Motions in Limine filed by the Plaintiff. Also, during the hearing on these motions, the Defendants made an Oral Motion for a Continuance of the Trial, which I also GRANTED.

(1) Defendants' Motion in Limine to Exclude Certain Testimony and Evidence of Doyle Allen is hereby GRANTED as to testimony based solely upon conversations with Commonwealth Transportation Commissioner of Virginia employees or representatives and DENIED as to the rest;

(2) Defendants' Motion in Limine to Exclude Testimony of any Complaints filed against Dennis W. Gruelle is hereby GRANTED;

(3) Defendants' Motion in Limine to Exclude Certain Testimony and Evidence as to any lawsuits filed against James M. Hylton is hereby GRANTED;

(4) Defendants' Motion in Limine to Exclude Photographs of Pipeline Easement Areas on Unrelated Properties Based on Federal Rules of Evidence 401, 403 and 802 is hereby DENIED;

(5) Plaintiff's Motion For an Order in Limine Exclude Defendants' Appraiser Dennis Gruelle is hereby GRANTED for the reasons stated on the record. As the grounds for this motion are closely related to the Plaintiff's Motions in Limine with docket numbers 77 and 79, a forthcoming Memorandum Opinion will explain the reasoning behind my decisions on these motions in greater detail.

(6) Plaintiff's Motion in Limine to Any Reference to the Route of the Pipeline is hereby GRANTED;

(7) Plaintiff's Motion in Limine to Exclude Reference to the Wytheville Accident and Fire is hereby GRANTED;

(8) Plaintiff's Motion in Limine to Exclude to Any Construction Problems Alleged by Defendants is hereby GRANTED;

(9) Plaintiff's Motion in Limine to Exclude Reference to Offers on Property Which Did Not Close is hereby reserved for objections made during the course of the trial;

(10) Plaintiff's Motion in Limine to Testimony Regarding Pipeline's Effect on Speculative Development of Interchange is hereby GRANTED for the reasons stated on the record and in the forthcoming Memorandum Opinion;

(11) Plaintiff's Motion in Limine to Testimony Regarding Damages to Other Portions of Property Without Pipeline is hereby GRANTED for the reasons stated on the record and in the forthcoming Memorandum Opinion;

The Clerk is directed to send certified copies of this Order to all counsel of record.