7th Circuit Dismissal of Easement Suit Against Charter to Be Challenged
A request for en banc review or a Supreme Court petition for writ of certiorari is next after a 7th U.S. Circuit Court of Appeals affirmation of a lower court's dismissal of a complaint against Charter Communications for running fiber…
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cable using a Louisville Gas & Electric electrical line easement (see 1810240014). So said lawyer John Cox of Lynch Cox, representing landowner plaintiff Stephen West, in an email to us Wednesday. The opinion (docket 19-2442), filed Monday by Judges William Bauer, Frank Easterbrook and David Hamilton and written by Easterbrook, said Charter's use of the easement was permissible under Indiana law. Whether other state laws or other easement situations would justify a different reading of "dedicated for compatible uses" is a question for another case, the judges said.