Judge Denies Motion to Dismiss Breach of Contract Suit Over Rooftop Tower Easement
U.S. District Judge Richard Bennett for Maryland in Baltimore denied defendant Global Tower’s motion to dismiss plaintiff Olcan III Properties’ second amended breach of contract complaint (see 2306080034), said the judge’s signed memorandum opinion Wednesday (docket 1:22-cv-02456). Olcan’s amended complaint…
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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). Olcan alleges $1 million in damages for repairs, loss of rents and excess revenue, and increased cost of maintenance and security. 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’s allegations of contractual obligation, breach and damages “sufficiently state a claim for breach of contract,” said the judge’s memorandum order. Olcan accordingly “may proceed on its breach of contract claim” in this court, it said.