Olcan Says its Complaint vs. Global Tower is ‘Sufficient’ to Survive Motion to Dismiss
Plaintiff Olcan III Properties’ second amended complaint against defendant Global Tower has “sufficient detail” to survive Global Tower’s motion to dismiss, said Olcan’s memorandum of law Wednesday (docket 1:22-cv-02456) in U.S. District Court for Maryland in Baltimore. Olcan’s amended complaint…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
alleges Global Tower’s use of an easement to access the tower on the rooftop of a building that Olcan owns caused Olcan “to incur repair costs and to lose rents and profits” (see 2211140050). It seeks $75,000 in damages for breach of contract, negligent misrepresentation and public nuisance. Global Tower’s motion to dismiss said Olcan “neglected its property for years, failing to conduct the routine upkeep and care required to maintain the building” (see 2302010046). Olcan “baldly asserts it has suffered harm, but does not specifically identify the harm or how Global Tower caused it,” said the motion. Olcan’s second amended complaint describes the damages to the building that Global Tower caused, said the memorandum in opposition. The installation, removal, maintenance and repair of Global Tower’s cell towers “caused damage to the roof and the apartment and commercial units as well as the infrastructure,” said the memorandum: “These actions are breaches of the agreements set forth herein.”