On December 29, 2016 our Pennsylvania Supreme court refused to hear the property owners’ appeal of the Commonwealth Court decision of Martin et. al. v. Sunoco Pipeline. The Martin decision had approved the use of eminent domain for the Mariner East 2 pipelines. The Martin case had involved three properties. Owners of one of the properties settled before the Supreme Court decision. The approval of use of eminent domain is final and binding concerning the other two properties in that case.
Other cases remain on appeal. To the extent that those cases involve different issues and evidence, those cases preserve some hope that eminent domain would be eventually denied because the public is not the “primary and paramount beneficiary” of the project.