Lee County Electric Cooperative, Inc. v. City of Cape Coral

NORTHCUTT, Judge.

Several years ago the City of Cape Coral began a construction project to rework an intersection. The plan required the expansion of an existing road into a public utility easement where Lee County Electric Cooperative (“LCEC”) had placed its electric lines. Thus, LCEC was forced to relocate its lines to another public utility easement. The parties disagreed about which of them was responsible for shouldering the relocation expense, but they agreed that the City would file a declaratory judgment action to resolve the dispute.

In the declaratory judgment proceeding, the City and…