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Northern Va. Regl Park Auth. v. Virginia Elec. & Power Co. (In re Elantic Telecom)

Northern Va. Regl Park Auth. v. Virginia Elec. & Power Co. (In re Elantic Telecom)

Ruling
Trespass action by park authority against debtor for unauthorized use of fiber optic utility line was not related to bankruptcy.
Procedural posture

Plaintiff park authority sued defendants, an electric company and its transferee, in state court, alleging trespass, unjust enrichment, and constructive trust based on its claim that the electric company unlawfully permitted the transferee to use a fiber optic line on its property. Defendants removed the lawsuit to federal court based on the transferee's bankruptcy proceeding. The authority moved to remand and the transferee moved to transfer.

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opinion summary, case decided on November 22, 2006 , LexisNexis #0107-031