Cousins v. Alabama Power Co.

The issue presented in this case is whether Alabama Power Company ("APCo") has the right to apportion certain rights-of-way deeded to it and/or taken by condemnation. Specifically, APCo wishes to share with American Telephone and Telegraph Company ("AT T") the fiber optic telecommunication lines installed on APCo's electrical transmission easements that cross the property of the defendant landowners. The landowners appeal from a summary judgment entered in favor of APCo. We affirm.

The APCo filed this action on October 30, 1990, seeking a temporary restraining order and preliminary and…