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CUC asks court to drop O’Connor’s lawsuit
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Posted on Oct 01 1999
The Commonwealth Utilities Corp. yesterday asked the Superior Court to dismiss a lawsuit filed three years ago by attorney Robert O’Connor, who had accused the agency of trespassing onto his private property.
William Ohle, attorney for CUC, said O’Connor has no proof –– such as a written contract —– to support his lawsuit.
The case stemmed from CUC’s installation of electric power line connecting a customer’s house on Mt. Tapochau to the CUC’s power distribution lines.
The electric pole was constructed in 1996 to provide power supply to Lot No. 153E08 belonging to Dr. George Harthorn.
O’Connor said when CUC began constructing the power line in June 1996, he entered into a verbal agreement with CUC employee Robert Malate about moving the location of the line extension to “the southern route,” which is still within the area of the property he is leasing.
According to the “verbal contract,” O’Connor had agreed to grant “an easement and clear the road in consideration of CUC’s promise to relocate the poles to the southern route free of charge.”
O’Connor said he had two follow-up conversations with Malate regarding the deal.
Ohle, on the other hand, said that whatever agreement O’Connor had with the CUC employee was not binding as it was not done properly.
Ohle said O’Connor “never completed a CUC service application,” “never entered into a written procurement contract with CUC,” and “never delivered anything in writing regarding the transaction.”
Ohle said the only transactions with private citizens which CUC honors are those entered properly under the Electric Service Regulation, and officially approved by CUC. (MCM)
