Mountain Valley Pipeline v. Brian C. and Doris W. McCurdy

Davis, Justice:

In this appeal, petitioner and defendant below, Mountain Valley Pipeline, LLC (“MVP”), challenges an order entered by the Circuit Court of Monroe County that granted declaratory judgment to Bryan and Doris McCurdy (“the McCurdys”), respondents and plaintiffs below, declaring that MVP has no right to enter their property to survey the area as a potential location for a natural gas pipeline MVP plans to construct. The circuit court based its decision on its finding that MVP’s pipeline is not being constructed for a public use in West Virginia. In addition, the circuit court…