Easement

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7^th Circuit Court of Appeals

Case Name: Stephen R. West v. Louisville Gas and Electric, et al.

Case No.: 18-1906

Officials: ROVNER, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Easement

In this diversity action, plaintiff Stephen West contends that the addition of a fiber optic communications wire to a utilities transmission tower on his property exceeds the scope of the utilities easement that authorized the tower. West sued both Charter Communications, Inc. (“Charter”), whose subsidiary installed the wire, and Louisville Gas and Electric Company (“Louisville”), which owns the tower and is a party to the easement. The district court dismissed the claims against Charter, concluding that the addition of Charter’s communications wire to the tower is compatible with the scope and purpose of the easement and consequently does not violate the terms of the easement agreement nor does it amount to an unconstitutional taking of West’s property. West v. Louisville Gas & Elec. Co., 2018 WL 321686 (S.D. Ind. Jan. 8, 2018). Wishing to appeal that ruling, West entered into an agreement with Louisville providing that he would voluntarily dismiss his claims against Louisville, while reserving the right to revive them in the event we reversed the district court’s dismissal of the claims against Charter. West then filed a notice of appeal pursuant to 28 U.S.C. § 1291. Because the conditional dismissal of West’s claims against Louisville renders the judgment non-final, we dismiss the appeal for want of jurisdiction.

Dismissed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.