Jansen-Nichols v. Colonial Pipeline Co.

The plaintiff failed to support her motion for an interlocutory injunction alleging that a pipeline company's use of a helicopter over her land constituted trespass, nuisance, negligence and negligence per se.

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Colonial Pipeline Company maintains an underground liquid petroleum pipeline that passes through DeKalb County near the home of Paige L. Jansen-Nichols. In May and June 2013, a leak detection alarm system caused Colonial to become concerned that its pipeline might have been compromised, and Colonial twice used helicopters to inspect the pipeline. Alleging that these helicopters flew too low over her home, Jansen-Nichols sued Colonial for trespass, nuisance, negligence, and negligence per se, seeking money damages and permanent injunctive relief. She also sought an interlocutory injunction to prohibit Colonial from flying helicopters low over her house for so long as her lawsuit was pending. Following two evidentiary hearings, the trial court denied the motion for an interlocutory injunction, and Jansen-Nichols appeals.1 We affirm.

Jansen-Nichols contends that the denial of an interlocutory injunction was error because it sanctioned low overflights of her home, thereby giving Colonial a license to trespass upon her property, to maintain a nuisance, and to breach the duty of care that it allegedly owes her in connection with aerial pipeline inspections. That, however, is just not true. A tort is a tort, and if a wrongful act is a tort, it is no less a tort simply because no court enjoined it. If low helicopter overflights amount to a trespass, a nuisance, negligence, or negligence per se, the denial of an interlocutory injunction forbidding such overflights has no bearing upon the extent to which they are wrongful or whether one injured as a result might recover damages. The denial of an injunction means only that such overflights are not punishable as contempt. The denial of an interlocutory injunction in this case is no license for Colonial to do anything unlawful.

Jansen-Nichols v. Colonial Pipeline Co.

The plaintiff failed to support her motion for an interlocutory injunction alleging that a pipeline company's use of a helicopter over her land constituted trespass, nuisance, negligence and negligence per se.

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