Property Owner Dismisses With Prejuduce Counterclaims in STC Two Cell Tower Dispute
Plaintiffs STC Two and Global Signal accepted defendant Thomas Branham’s dismissal with prejudice of his counterclaims in a cell tower trespass dispute, said the parties’ Thursday stipulation (see [docket 2:23-cv-00764]) in U.S. District Court for Southern Ohio in Columbus. The…
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stipulation renders plaintiffs’ May motion to dismiss the counterclaims and Branham’s September motion for leave to withdraw the counterclaim (see 2309130019) moot. Branham’s counterclaim that the path of STC Two’s access to a cell tower from the entrance gate requires a trespass on his property. Branham owns the property where the cellsite has been operating for decades under a 1998 Sprint PCS site agreement that was amended in 2013. Under the lease, STC Two and Global Signal are authorized to maintain, operate and sublease the cell tower and related equipment at the site. Plaintiffs filed their complaint after Branham “repeatedly and brazenly obstructed and/or prevented altogether” STC Two’s access to the cellsite in “blatant violation” of the lease.