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Land Use Law Report, Volume 45, Number 10, October 2017

Utilities & Contracts


Contract Made Utility Responsible For Underground Unknowns

Thursday, October 05, 2017

Facts: The Sanitary Board of the City of Charleston, West Virginia (CSB) entered into a written agreement with J.F. Allen Corporation (J.F. Allen) for construction work on the City’s municipal sewer system. The $5.5 million job involved sewer replacement and manhole installation, among other [...]

Close Contract Reading Reveals That Utility Always Pays To Move Facilities To Accommodate New Railroad Tracks

Thursday, October 05, 2017

Facts: In 1990, MCI Communications Services, Inc. now doing business as Verizon Business Services (MCI) entered into a right-of-way agreement with Burlington Northern Railway (Burlington). That agreement conveyed to MCI a limited easement to use Burlington’s rail corridor for MCI’s fiber optic communication [...]

Dam Owner Can Close Dam If It Damn Well Pleases

Thursday, October 05, 2017

Facts: Duke Energy Carolinas, LLC (Duke) owns and operates seven hydroelectric projects in North Carolina’s Nantahala and Tuckasegee River Basins. In 2004, Duke applied to the Federal Energy Regulatory Commission (FERC) to surrender its operating license for the Dillsboro Project, a dam and powerhouse located on the Tuckasegee [...]

TN Telephone Utility Must Relocate Facilities At Its Own Cost Absent Pre-Arranged Reimbursement

Thursday, October 05, 2017

Facts: The Metropolitan Government of Nashville and Davidson County, Tennessee (Metro) maintains a system of streets, roads, parks and other public properties. Defendant BellSouth Telecommunications, Inc. (BST) provides telecommunications and other services in Davidson County and throughout Tennessee [...]

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