Summary: |
Entry denying Duke's application for interlocutory appeal; that Duke abstain from clear cutting any trees within the 100-foot utility easement on Complainants' property until further notice, as previously directed by the attorney examiner ; that in accordance with the above findings and Paragraph 43, Duke's December 14, 2017 and February 20, 2018 motions to dismiss be granted as the Complainants identified in its motion lack standing to raise the asserted claims; that Duke's February 20, 2018 motion to dismiss be denied; that Complainants' claims pertaining to toxic herbicides, soil
erosion, decreases in property value, decrease in aesthetic value, and diminution of enjoyment of property be dismissed as they fall outside of the Commission's exclusive jurisdiction.
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