Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge ERVIN and Judge WILKINS joined.
OPINION
NIEMEYER, Circuit Judge:
C/R TV Cable, Inc. seeks a right of access to the Shannondale subdivision, a private residential community in Jefferson County, West Virginia, to provide cable television service to the subdivision over the objection of its developer. Relying on three separate legal theories, it contends that (1) as...
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