Fraser Trebilcock attorneys Michael P. Donnelly and Laura S. Faussié successfully represented a fiber optic company before the Michigan Supreme Court.
On Jan. 24, the Court, after hearing oral argument from the parties, denied an application for leave to appeal in a case involving the firm's client, a fiber optic company, effectively upholding the lower courts' decisions in the client's favor.
The case addressed whether a fiber optic or other telecommunication company was required to obtain permission from, and pay large fees to, a railroad company before installing fiber optic cables under their tracks located at public crossings.
In a 5-1 decision, with one justice not participating, the Supreme Court left in place the Michigan Court of Appeals' ruling that the fiber optic company could proceed with installing underground cables beneath railroad tracks at public road crossings after obtaining necessary municipal permits, without requiring additional permission from or fees to the railroad company.
Chief Justice Elizabeth T. Clement, writing in concurrence, explained that under the Highway Code, existing common law, and the Metropolitan Extension Telecommunications Rights-Of-Way Oversight (METRO) Act, telecommunications companies can install cables under railroad tracks where they intersect with public roads, provided they have obtained permission from the governing municipality.
On Jan. 24, the Court, after hearing oral argument from the parties, denied an application for leave to appeal in a case involving the firm's client, a fiber optic company, effectively upholding the lower courts' decisions in the client's favor.
The case addressed whether a fiber optic or other telecommunication company was required to obtain permission from, and pay large fees to, a railroad company before installing fiber optic cables under their tracks located at public crossings.
In a 5-1 decision, with one justice not participating, the Supreme Court left in place the Michigan Court of Appeals' ruling that the fiber optic company could proceed with installing underground cables beneath railroad tracks at public road crossings after obtaining necessary municipal permits, without requiring additional permission from or fees to the railroad company.
Chief Justice Elizabeth T. Clement, writing in concurrence, explained that under the Highway Code, existing common law, and the Metropolitan Extension Telecommunications Rights-Of-Way Oversight (METRO) Act, telecommunications companies can install cables under railroad tracks where they intersect with public roads, provided they have obtained permission from the governing municipality.
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