(Injunctive Relief)   (To Recover Damages for Trespass)   (To Recover Damages For Slander of Title)   (To Recover Profits From Unjust Enrichment)   1.  That this Court certify the Class described herein, and name Plaintiffs as the  representative of the Class and Plaintiffs’ counsel as counsel for the Class.   2.  That this Court enter a judgment against Defendants in an amount sufficient to  compensate Plaintiffs and other Class members for the direct and consequential damages caused  by Defendants’ trespass, and for attorneys’ fees, costs, and expenses, and for all other relief that  the Court deems just and proper.   3.  That this Court enter a judgment against Defendants in an amount equal to the  amount by which Defendants have been unjustly enriched as a result of their unlawful entry  upon, use, occupation, and collections of rents and profits from Plaintiffs and Class members;  for attorneys’ fees, costs, and expenses; and for all other relief the Court deems just and proper.   30.  Plaintiffs hereby incorporate by reference and reallege the allegations contained in  the foregoing paragraphs of this Complaint as fully set forth herein.   31.  By Defendants’ entry upon the Rights of Way, and by their installation,  maintenance, and use of Telecommunications Cable Systems within the Rights of Way, all  without permission or right given by Plaintiffs and Class members, Defendants have committed a  continuing and permanent trespass on Plaintiffs’ and Class members’ land.   33.  As a direct and proximate result of their trespass upon the land of Plaintiffs and  Class members, Defendants have realized substantial revenue and profits from the commercial  occupation and use of that land, but have failed to pay any part of that revenue and profits to  Plaintiffs and Class members.   34.  As a proximate result of Defendants’ trespass on their land, Plaintiffs and Class  members have been damaged by the diminution in the value of their land, including diminished  rental value, and by the deprivation of their right to determine possession and use of their land.   Plaintiffs and the Class members are therefore entitled to an award of compensatory damages  from Defendants in an amount to be proved at trial.  35.  Plaintiffs hereby incorporate by reference and reallege the allegations contained in  the foregoing paragraphs of this Complaint as fully set forth herein.   37.  Defendants have been unjustly enriched by their receipt and retention of millions  of dollars in rents, profits, and other benefits properly payable to Plaintiffs and other Class  members and, under the circumstances and in good conscience, Defendants ought not be allowed  to retain those rents, profits, and benefits.   38.  Plaintiffs and Class members are entitled to a judgment requiring Defendants to  disgorge and pay to them all sums they have received that are properly due and owing to  Plaintiffs and Class members as rents, profits, and other benefits incidental to ownership of their  land, as restitution for the unjust enrichment of Defendants.  39.  Plaintiffs hereby incorporate by reference and reallege the allegations contained in  the foregoing paragraphs of this Complaint as fully set forth herein.   4.  That this Court enter a judgment against Defendants in an amount sufficient to  compensate Plaintiffs and other Class members for the direct and consequential damages caused  by Defendants’ slander of title, including the costs and expenses necessary to obtain a judicial  declaration that the titles of Plaintiffs and other Class members are free and clear of any interest  or right of use, possession or occupancy by Defendants; for attorneys’ fees, costs, and expenses;  and for all other relief the Court deems just and proper.   40.  In the license agreements between Defendants and the Railroads, in Defendants’  agreements with the Railroads regarding use of the Rights of Way or Telecommunications Cable  Systems, in publicly-filed or published documents, and in their acts of placing signs and posts  marking the location of the fiber-optic cable, Defendants have made false and unfounded  statements indicating or suggesting that they possess a right of occupancy or use of property  owned by Plaintiffs and other Class members.   41.  Defendants’ statements concerning their alleged interest in the real property of  Plaintiffs and other Class members were made with knowledge or reckless disregard of their  falsity.   43.  Plaintiffs hereby incorporate by reference and reallege the allegations contained in  the foregoing paragraphs of this Complaint as fully set forth herein.   44.  Plaintiffs and members of the Class are owners of real property or interests in real  property in Massachusetts affected by Defendants’ actions and thus have standing to seek  declaratory and injunctive relief.   45.  The railroad Rights of Way within which Defendants have installed, or had others  install, their Telecommunications Cable Systems, are limited to the surface of the land and may  be used only for railroad purposes.  The right to license or consent to all non-railroad uses on the  land encumbered by the railroad Rights of Way belongs to Plaintiffs and Class members.  Thus,  Defendants’ commercial-telecommunications use of the Rights of Way is unlawful.   6.  That the Court enter an award of punitive or exemplary damages against  Defendants in an amount to be determined by a jury.  Dated this 8th day of May, 2014.  /s/Andrew W. Cohen  Andrew W. Cohen, Mass. Bar No. 561171  