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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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Public Utilities – Electricity – Municipal — Agreements for Service – Statutory Construction — G.S. § 160A-331.2(a (access required)

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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