Chattanooga: Class-action lawsuit could affect every EPB customer

Chattanooga: Class-action lawsuit could affect every EPB customer

January 27th, 2009 by Monica Mercer in Local - Breaking News

Chattanooga lawyers are set to file a class-action lawsuit this morning against the city, EPB and EPB Telecom, alleging that the power company has been installing infrastructure for their cable business without acquiring the proper easements from Hamilton County residents.

Every EPB customer is potentially affected by the lawsuit, attorney John Cavett said, and could possibly be entitled to compensation from EPB for the improper use of their land.

Chattanooga and EPB already are owners of easements throughout the county in order to transmit electricity to their customers.

The lawsuit claims, however, that the city, EPB and its off-shoot cable company, EPB Telecom, have begun using those easements designated only for their electricity business to also install cable for their cable business.

Calling such practice an act of "unlawful taking and trespass," the lawsuit alleges that the defendants do not have the right to use electric power easements for cable without compensation to the owners of the land.

The lawsuit is expected to be filed in Hamilton County Circuit Court.

See tomorrow's Times Free Press for complete details.