In October, 2020, two landowners in Culpeper County, Cynthia and John Grano, sued REC in federal court, alleging that a 2020 Virginia statute designed to help Virginia electric cooperatives deploy high-speed fiber-to-the-home broadband violated the Granos’ constitutional rights. To help REC member owners stay informed about this suit, Repower REC is posting here pertinent documents filed in the case.
The 2020 statute allows Virginia electric cooperatives to use existing rights of way (easements) to deploy fiber optic cable that can be used to provide high speed broadband to members’ homes. The Granos, whose property is subject to an REC easement, allege that the statute is an unconstitutional “taking” of their property rights without compensation. REC’s court filings raise several defenses, most notably that REC has not installed and does not intend to install fiber optic cable across the Granos’ property.
We provide links below to key documents that have been filed in the case so far, so that REC member-owners and others interested in understanding the issues in the lawsuit can keep themselves informed.
1. Grano complaint and exhibits:
- Exhibit 1: photo of power lines;
- Exhibit 2: Easement agreement from 1989;
- Exhibit 3: Virginia code on easements and broadband 55.1-306.1;
- Exhibit 4: REC statements on broadband;
- Exhibit 5: Easement agreement from 2020.