Landowner’s Allegations ‘Inadequate’ to Survive Dismissal, Says Global Tower
Even accepting landowner Olcan III Properties’ new allegations, its amended complaint “remains devoid of merit and fails to state a claim against Global Tower,” said the American Tower subsidiary in a reply Wednesday (docket 1:22-cv-02456) in U.S. District Court for…
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Maryland, in further support of its motion to dismiss (see 2212070040). Olcan alleges Global Tower’s use of an easement to access the tower on the rooftop of a building that Olcan owns caused it to incur repair costs and to lose rents and profits. Recognizing the “threadbare” allegations in its amended complaint, Olcan “attempts to retroactively bolster the claims and add new allegations” in its opposition to the motion to dismiss to make the amended complaint “legally sufficient to survive dismissal,” said Global Tower. It’s improper to further amend a complaint in document filed in response to a motion to dismiss, it said. “Even if the amendment were allowed, the new allegations are inadequate,” and the amended complaint “remains legally deficient,” and should be dismissed, in its entirety, with prejudice, it said.