Baatz v. Columbia Gas Transmission, LLC

The Sixth Circuit affirmed the district court's grant of summary judgment to Columbia Gas on Landowners' state-law trespass and unjust enrichment claims involving underground storage of natural gas. In regard to the trespass claims, the court held that Landowners failed to show that Columbia Gas interfered with the possessory interest in their subsurface where each Landowner had admitted that they have not used and do not intend to use their subsurface. In regard to the unjust enrichment claims, the court held that Columbia Gas need not file a cross-appeal in order to preserve its argument to affirm the damages judgment on the ground that Columbia Gas has no underlying liability. Furthermore, Landowners' unjust enrichment claims failed because Landowners could not show, as they must, that they conferred a benefit upon the defendant. View "Baatz v. Columbia Gas Transmission, LLC" on Justia Law