Tag Archives: Easements

Civil Practice – Discovery – Motion for Sanctions – Request for Production – Easements – Samples (access required)

Melton v. Carolina Power & Light Co. Where defendant made it clear in its discovery responses and email to plaintiff’s counsel that, in response to plaintiff’s request for production of all easements pursuant to which defendant had placed fiber optic cable, defendant was producing samples of all types of such easements, and where plaintiff never filed a motion to compel production, plaintiff is not entitled to sanctions.

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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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Real Property – Easements – Contract – Unjust Enrichment – Matters Outside Easement – Public Utilities (access required)

Dutton v. Carolina Power & Light Co. Even though there is an express contract between the parties – an easement – since plaintiff contends that defendant is using the easement for purposes not covered by the easement, plaintiff has made out a claim for unjust enrichment. Defendant’s motion for partial summary judgment is denied.

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