Cape Hatteras Electric Membership Corp. v. Stevenson (Lawyers Weekly No. 14-15-1158, 7 pp.) (Gregory McGuire, J.) 2014 NCBC 63 Holding: Plaintiff seeks a declaration that its bylaws allow it to enforce an easement covenant against a member, defendant Stevenson. Any ...Read More »
Public Utilities- Real Property – Condemnation – Multi-County Tract – Civil Practice – Subject Matter Jurisdiction – Pleadings Amendment
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 ...Read More »
State ex rel. Utilities Commission v. Cooper (Lawyers Weekly No. 14-06-0814, 13 pp.) (Barbara Jackson, J.) Appealed from the Utilities Commission. N.C. S. Ct. Holding: Although this court previously rejected a Utilities Commission order because it did not contain sufficient ...Read More »
Public Utilities – Municipal – Cable Attachments – Utility Poles – Unreasonable Rates & Terms – Constitutional – Separation of Powers
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 ...Read More »
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 – Commission Investigation – Intervention Motion – Standing – Civil Practice – Appeals
In re Duke Energy Corp. (Lawyers Weekly No. 14-07-0461, 32 pp.) (Martha Geer, J.) Appealed from the Utilities Commission. N.C. App. Holding: This case involved an investigation under the Utilities Commission’s supervisory power granted by G.S. Chapter 62, Article 3. ...
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Public Utilities – Corporate – Merger – Benefits to Retail Ratepayers – Civil Practice – Appeals — Standing
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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Public Utilities – Electricity – Municipal — Agreements for Service – Statutory Construction — G.S. § 160A-331.2(a
G.S. § 160A-331.2(a) only authorizes electric service agreements between electric utilities and municipalities wherein the parties allocate to each other the right to provide electric service to premises each would not have the right to serve under Article 16 but for the agreement.
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Kohn v. Firsthealth of the Carolinas, Inc. Since a hospital does not fit within the statutory definition of a “public utility,” the defendant-hospital cannot have violated the public utility doctrine by denying the plaintiff-doctor staff privileges. We affirm the trial court’s grant of defendant’s motion to dismiss.
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