City lawsuits still pending with water board, cable
Published 8:25 pm Thursday, August 24, 2006
Two lawsuits facing the city of Athens – one with Charter Cable and the other with Limestone County Sewer and Water Authority—do not seem to be any closer to being settled.
However, City Attorney Shane Black said parties on both sides of the disputed issues continue talks.
“Right now, the trial with Charter has been continued to January 2007,” said Black. “We have been engaged in discussions with the company.”
The suit with Charter concerns the company’s pole attachment agreement with the city.
“Like many companies, including PCL and Knology, the cables are not underground, but are instead on power lines,” said Black. “The question is whether Charter is in violation of the National Electrical Safety Code. We are asking the courts to decide if Charter is in violation.”
Attorney Sal Ferlazzo is representing Athens. Charter filed counterclaims, charging the city’s consultant, Rusty Monroe, with breach of confidentiality. Charter also says that Athens breached the franchise agreement by not completing the “make-ready” and did not provide enough space on the pole.
Black said the judge hearing the LCWA suit against the city, Circuit Court Judge Robert Baker, has ordered the case into mediation.
The LCWA had asked the circuit court for a temporary restraining order early this year against the city to keep the municipal water and sewer departments from extending any more lines into annexed areas.
The disputed area is areas east and west of North Lindsay Lane, but any court ruling would affect the whole county, according to Black.
The city is asking the court to enjoin LCWA from adding to or improving lines that are located within city streets or rights of way without permission of the city.
“Judge Baker has ordered us to use a professional mediator, and that is in process,” said Black.
He said the city and county met with the mediator once and the issues were “not successfully resolved.” He said they re scheduled to meet again.
“The city is hopeful some kind of agreement because litigation is not beneficial to anyone in the county,” said Black. “We feel confident of our position, but no one wants to see protracted litigation.”