City of Dover v. International Telephone & Telegraph Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that utility pole is improvement to real property for purposes of statute of limitation where limitations bar included a statutory definition of \improvement\ which did not require the object to add value to the property on which it was located
• finding that a utility pole can be a \structure\ within the meaning of the statute because \it is unquestionably affixed to land\
• finding that a utility pole can be a “structure” within the meaning of the statute because “it is unquestionably affixed to land”
• defendant “was more than a mere supplier of [the materials], because [defendant] fabricated the [materials] it delivered” to plaintiff
• utility pole was an improvement because it was affixed to the land and rejecting argument that an improvement requires added value to the land
• “The statute in question is a true statute of repose. It prevents a claim from arising, whereas a statute of limitations bars an accrued cause of action.”

Source: CourtListener parenthetical corpus (CC0).