Guilford Transportation Industries v. Public Utilities Commission

746 A.2d 910 (2000)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and D entered into a master license agreement which was intended to be a consolidation of various agreements whereby P granted D licenses to maintain and use 'occupations' and 'appurtenances' over, across, along, and under land belonging to P and its affiliated railroads. The license agreement provides that D has the right to request that additional appurtenances be installed in or over P's land and that P is required to grant the request unless P's engineering officer determines that the installation would interfere with rail operations. P refused D's request to cross with fiber optic cable. D requested the PUC to resolve this dispute, and it ruled for D and P appealed.