BREMCO responds to suit

Blue Ridge Electric Membership Corporation filed a partial response to the allegations brought against them by property owners in Ashe County on June 3.

According to the document, Blue Ridge is asking the claims against them by John A. and Imajean Weaver and Herbert and Bobbie M. Francis be dismissed in their entirety through a motion to abate. They are also asking the claim brought against them by Russell F. and Ann Vannoy be pled with particularity through a motion for a more definite statement.

"A motion to abate was filed requesting dismissal of several of these members from this lawsuit," said Renee Whitener, director of corporate communications with Blue Ridge Electric Membership Corporation. "The dismissal is requested because these members were already involved in a separate lawsuit with Blue Ridge Electric on these same issues."

Blue Ridge requests the Weavers be dismissed from the class action complaint on the basis of their prior pending action through the motion to dismiss for abatement.

The current claims and allegations made by the Weavers are "almost identical" to the claims they are alleging in the present case, according to the document.

The pending case the Weavers have against Blue Ridge Electric is in the General Court of Justice in the District Court Division in Ashe County and dates back to 2002.

In the 2002 case, the Weavers set forth claims including trespassing, continuing trespass, unfair and deceptive trade practices and inverse condemnation based upon the upgraded transmission lines.

Blue Ridge instituted the action in order to obtain a temporary restraining order to allow Blue Ridge to reconstruct and maintain Blue Ridge's transmission lines across the Weaver's Ashe County property. Blue Ridge asserted claims including breach of easement, adverse possession and breach of member contract.

In response, the Weavers filed an answer and counterclaim, including allegations that Blue Ridge had no easement on the Weavers' property and fiber optic lines were being installed for the sale of Internet communications.

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