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Tag Archives: Public Utilities

Municipal – Public Utilities – Water Customer Classification – Civil Practice – Statute of Limitations – Continuing Wrong Doctrine (access required)

ACTS Retirement-Life Communities, Inc. v. Town of Columbus (Lawyers Weekly No. 011-248-16, 11 pp.) (Rick Elmore, J.) Appealed from Polk County Superior Court (Jeffrey Hunt, J.) N.C. App. Holding: The defendant-town reclassified two of plaintiff’s six water meters from commercial ...

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Zoning – Court Upholds Denial of Substation Expansion (access required)

Washington Gas Light Co. v. Prince George’s County Council A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under the state’s “mandatory referral statute” and granting summary judgment to the county on state and federal preemption claims.

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Civil Practice – Subject Matter Jurisdiction – Case or Controversy – First Impression — Public Utilities – Cable TV – Municipal — Pole Attachment Rates (access required)

Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis Since the defendant-town has merely proposed a pole-attachment rate to which the plaintiff-cable television provider objects, there is no controversy for the court to adjudicate.

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Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.

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Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.

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Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.

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