STC Two Requests Another 2-Week Restraining Order in Cell Tower Dispute
The parties in a cell tower access dispute “have engaged, and continue to engage, in meaningful negotiations,” said a Monday status update (docket 2:23-cv-00764) in response to a temporary restraining order issued by U.S. District Court Judge James Graham March…
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31 (see 2304030026) in District Court for Southern Ohio in Columbus. Graham granted a temporary 14-day restraining order under Rule 65(b) of the Federal Rules of Civil Procedure requiring defendant Thomas Branham to deliver keys for a locked gate to plaintiff STC Two. Plaintiffs requested an additional 14 days Monday, to April 24, saying the parties would benefit from additional time to resolve the pending claims and counterclaims before the court sets case management deadlines. STC Two and Global Signal alleged Thomas Branham, who owns the property where STC has a cell tower, installed a padlock at the entrance of the tower site, in breach of his lease to STC Two, and refused to remove it (see 2303270025). Branham continued to obstruct the Global Signal company’s access to the cellsite “in blatant violation” of the lease, which entitles its employees to access “24 hours per day, 7 days per week,” the complaint said. In his trespass counterclaim, Branham said STC built and placed the cell tower on his property, which is enclosed by metal fencing. The tower wasn’t placed within the boundaries of the easement Branham granted, he said, so when STC employees and customers access the tower, they “must traverse defendant’s land to gain access,” he said. STC’s trespass has been “knowing and intentional,” resulting in “unconsented to and a malicious violation of” the grant of easement and Branham’s use of his land, he said.