Tag Archives: Denied

Civil Practice – Class Action Certification Motion – Denied – Individual Issues Predominate – Real Property – Public Utilities – Easements (access required)

Dutton v. Carolina Power & Light Co. Defendant has been granted several types of easements, and defendant gave notice, by various methods, that it was using its electric power easements for general telecommunications purposes. Individual issues predominate as to what use is allowed by the various types of easements and as to whether property owners received notice of the use of the easements for telecommunications purposes. Plaintiff’s motion to certify a class is denied.

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