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Public Utilities- Real Property – Condemnation – Multi-County Tract – Civil Practice – Subject Matter Jurisdiction – Pleadings Amendment (access required)

Rutherford Electric Membership Corp. v. 130 of Chatham, LLC (Lawyers Weekly No. 14-07-0846, 14 pp.) (Robert N. Hunter Jr., J.) Appealed from Rutherford County Superior Court (High Lewis, J.) N.C. App. Holding: Even though G.S. Chapter 40A is unclear as ...

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Public Utilities – Municipal – Cable Attachments – Utility Poles – Unreasonable Rates & Terms – Constitutional – Separation of Powers (access required)

Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis (Lawyers Weekly No. 14-15-0645, 27 pp.) (Calvin Murphy, J.) 2014 NCBC 25 Holding: The defendant-town’s proposal to raise its annual per-pole attachment rate from $3.00 to $18.00 is unreasonable in that ...

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Public Utilities – Electric Membership Corporation – Pole Attachments – Cable Company – Rates (access required)

Rutherford Electric Membership Corp. v. Time Warner Entertainment/Advance Newhouse Partnership (Lawyers Weekly No. 14-15-0498, 30 pp.) (Calvin Murphy, J.) 2014 NCBC 20 Holding: When calculating what to charge the defendant-cable company to attach its cables to the plaintiff-electric membership corporation’s ...

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Public Utilities – Corporate – Merger – Benefits to Retail Ratepayers – Civil Practice – Appeals — Standing (access required)

In re Application of Duke Energy Corp. (Lawyers Weekly No. 14-07-0193, 30 pp.) (Douglas McCullough, J.) Appealed from the Utilities Commission. N.C. App. Holding: No single document entitled “cost-benefit analysis” was presented by the applicants quantifying the known and potential ...

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