WEST v. LOUISVILLE GAS & ELECTRIC COMPANY
| STEPHEN R. WEST |
| LOUISVILLE GAS & ELECTRIC COMPANY |
| 4:2016cv00145 |
| August 5, 2016 |
| US District Court for the Southern District of Indiana |
| New Albany Office |
| Tim A. Baker |
| Richard L. Young |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
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Filing
84
ENTRY ON DEFENDANT CHARTER COMMUNICATIONS, INC.'S, INSIGHT KENTUCKY PARTNERS II, L.P.'S, AND TIME WARNER CABLE'S MOTION TO DISMISS - By enacting the Cable Act, Congress was not taking away private property; rather, it was authorizing a n additional use of the property similar to that which the landowner had already set aside for a public purpose. Plaintiff's predecessor-in-interest granted a utility company an easement to run wires across his property to benefit the public. In sight's use of the easement is compatible, and no additional burden has been placed on Plaintiff's property. Accordingly, no unconstitutional taking has occurred, and Plaintiff cannot plausibly allege any claims against Insight. Therefore the court GRANTS Insight's Motion to Dismiss all claims against Insight. (Filing No. 55 ). See Entry for details. Signed by Judge Richard L. Young on 1/8/2018. (MAT)
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Filing
18
ENTRY ON DEFENDANT'S MOTION TO DISMISS - 7 Motion to Dismiss for Failure to State a Claim is DENIED. See Entry for details. Signed by Judge Richard L. Young on 10/28/2016. (LBT)
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