The Missouri Court of Appeals issued an opinion in a case brought by AMEREN TRANSMISSION COMPANY OF ILLINOIS (ATXI) in connection with the Mark Twain Transmission Project. In the lawsuit, ATXI originally sued the Missouri Public Service Commission claiming that it did not require PSC approval to construct the Mark Twain Project and to use eminent domain to acquire easements. While the case was at the trial court level, five families with properties along the proposed project intervened in the case. The property owners, represented by Paul Henry, are all residents of Adair County. The trial judge in Cole County, Missouri, dismissed the case on the grounds that ATXI presented no legal dispute because it had not applied to the PSC for the project approval. The court of appeals agreed and upheld the trial court’s ruling. In the meantime, ATXI has applied to the PSC for approval of the Mark Twain Transmission Line, which has been met with strong resistance by property owners in five Missouri counties along the proposed project route.
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The full Court opinion can be accessed from this link: Court of Appeals Opinion