PHILADELPHIA — The Borough of Quakertown is suing several Verizon entities, citing alleged conversion and trespassing.
Quakertown filed a complaint Aug. 7 in the U.S. District Court for the Eastern District of Pennsylvania against Verizon Communications Inc., Verizon Pennsylvania Inc., Verizon Online LLC, Verizon Pennsylvania Co., Verizon Pennsylvania LLC and Verizon North LLC, claiming the defendants violated the Declaratory Judgment Act by using borough-owned poles within the rights-of-way without authority and consent.
According to the complaint, the parties agreed on March 30, 2009 that the borough owned the poles and rights-of-way in question.
However, despite acknowledging that Quakertown is the sole owner of the poles, the lawsuit alleges that the defendants refused to pay fees at a rate set by the borough while continuing to attach their cable and telecommunication lines.
The plaintiff requests a trial by jury and seeks a judgment for unjust enrichment in an amount in excess of $150,000, together with interest, costs of litigation and other relief the court deems appropriate. It is represented by Charles Fonzone of Gross McGinley LLP in Allentown, Pennsylvania.
U.S. District Court for the Eastern District of Pennsylvania case number 2:18-cv-03344-CMR