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Statutes and the Creation of Public Policy Keyed to Eskridge, 7th Ed.
Heydon v. MediaOne
Citation:
739 N.W.2d 373 (2007)Facts
Plaintiffs owned property on which Detroit Edison (Edison) had installed utility poles and electrical lines pursuant to a prescriptive easement acquired through continuous use over fifteen years. Edison entered into an agreement with defendant MediaOne, a cable television company, allowing MediaOne to place and maintain cable television lines on the existing utility poles. When plaintiffs discovered that defendant was stringing cable lines on their property without their permission, they filed a complaint alleging continuing common-law trespass and seeking damages. Plaintiffs had previously filed a similar action in 1999 (Heydon I) involving another parcel of their property where this Court had affirmed that defendant had the right to use Edison’s easement. Both parties moved for summary disposition in the instant case, and the trial court granted defendant’s motion.
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