Mumaugh v. Diamond Lake Area Cable TV Co.

Plaintiffs appeal as of right from the trial court’s grant of summary disposition in favor of defendant under MCR 2.116(C)(8), failure to state a claim on which relief can be granted. The court ruled that, as a matter of law, 47 USC 541(a)(2) gave defendant cable television company a right of access to use easements dedicated to compatible uses. The court further ruled that the easement held by Indiana and Michigan Electric Company (i & m) was dedicated to a use compatible with defendant’s use of the easement. The court further found that no genuine issues of fact existed and that defendant…