State ex rel. Duncan v. American Transmission Systems, Inc.
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The Supreme Court affirmed the judgment of the court of appeals dismissing Richard Duncan's complaint against American Transmission Systems, Inc. and FirstEnergy Corp. (collectively, ATSI), and the city of Aurora and its mayor, holding that there was no error.
Duncan brought this action alleging that if a project proposed by ATSI for installing transmission towers had not been approved, he likely would have acquired an easement from Aurora allowing him to use an abandoned right-of-way to access a public road from his lot. Duncuan's complaint sought a declaration that the power lines were a public and private nuisance resulting in a taking of his property, a preliminary and permanent injunction halting the project's construction, and a writ of mandamus. The court of appeals granted ATSI's motion to dismiss. The Supreme Court affirmed, holding that the court of appeals did not err in dismissing the action.
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