In A Published Decision The Michigan Court Of Apppeals Affirms Summary Dispostion For Dale Burmeister In A Case Raising Constitutional And Real Property Issues In A Dispute Between A Cable Operator And A Large Landowner
In Heydon v MediaOne, the Michigan Court of Appeals has affirmed in a published decision a variety of dispositive rulings involving a dispute between a large landowner and a cable television operator. The four major questions before the Court where 1) whether the Cable Communications Policy Act of 1984 violates the takings clause in the United States Constitution; 2) whether the Cable Communications Policy Act of 1984 prohibits “piggy-backing” on private easements; 3) whether prescriptive easements may be assigned; and 4) whether a public utility that apportions a prescriptive easement for use by a cable operator to string its wire imposes a new burden on the existing easement. On all four issues, the Court of Appeals ruled in favor of Dale’s client. Click here to view the opinion of the Court.