Midcontinent wants ND lawsuit dismissed

Midcontinent Communications says it did nothing wrong when it buried cable in North Dakota. It is asking a judge to dismiss a federal lawsuit that claims the company did not get the proper permission from private landowners. The lawsuit filed in Bismarck by New Salem farmer Dale Neidhardt in late November seeks unspecified damages from South Dakota-based Midcontinent Communications Investors and Delaware-based TCI Midcontinent. Defense attorney Zachary Pelham says in court documents that Midcontinent "complied with all applicable laws" when installing cable used for cable TV, high-speed Internet and telecommunications services. The dispute centers around cable buried on private property for which state, county or township governments have easements for roads. An easement gives one party the right to go onto another party's property. Neidhardt's lawsuit says Midcontinent might have obtained permits from the state or political subdivisions that held easements but should have known that the governments had no ownership in the land. The lawsuit says Midcontinent should have reached agreements with landowners for the use of their land...read more