Legal Opinion
UCA, L.L.C. v. Lansdowne Community Development, LLC
District Court, E.D. Virginia
Decided August 12, 2002No. Civ.A. 02-314-APublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
This case presents, inter alia, the novel question whether under the Pole Attachments Act, 47 U.S.C. § 224(f) (the “Pole Act”), a utility must grant a party access to that utility’s right-of-way where, as here, that right-of-way is created by a limited easement that, under applicable state law, does not include the rights to which the party seeks access.
The parties have all filed dispositive motions: plaintiff has filed a motion for summary judgment; defendant Virginia Electric Power Company has filed a cross-motion for summary judgment; and the…
2Cases cited11 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Drye v. United StatesSupreme Court of the United States · 2000
- Federal Communications Commission v. Florida Power Corp.Supreme Court of the United States · 1987
- National Cable & Telecommunications Assn., Inc. v. Gulf Power Co.Supreme Court of the United States · 2002
- Brown v. HaleySupreme Court of Virginia · 1987
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3Cited by2 opinions
- Lansdowne on the Potomac Homeowners Ass'n v. OpenBand at Lansdowne, LLCCourt of Appeals for the Fourth Circuit · 2013
- Williams v. WhiteUnited States Bankruptcy Court, W.D. Virginia · 2009