Enbridge Pipelines (East Texas) L.P. v. Avinger Timber, Llc

The Court, focusing on a report by Av-inger’s appraisal expert David Bolton that was not introduced into evidence at trial, concludes “[i]t is apparent that Bolton was not valuing the 23.79 acres improved by the pipeline infrastructure that Avinger lost, but rather the gas processing facility that Enbridge Pipelines gained,” and his testimony “impermissibly focused on the benefit to Enbridge Pipelines in avoiding the cost of removing the plant.” 386 S.W.3d at 263. I disagree that Bolton’s testimony supports the Court’s statement. I also disagree that the trial court abused its discretion by…