Ulysses Seeks Judgment That Its Easement on Ind. Property Is ‘In Full Force and Effect’
American Tower subsidiary Ulysses seeks a declaratory judgment in its favor and against plaintiff Debra Brown that the January 2009 wireless communication easement and assignment agreement on Brown’s residential property in Goshen, Indiana, “is in full force and effect and…
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permits Ulysses to operate a wireless communication facility at the premises,” said Ulysses’ counterclaim against Brown Thursday (docket 3:23-cv-00842) in U.S. District Court for Northern Indiana in South Bend. Brown’s complaint seeks to nullify the easement on her property and to chase multiple telecom companies, including Ulysses, from the parcel of real estate that’s “burdened” by the easement (see 2309150006). The easement grants Ulysses an exclusive perpetual right “for the use of the property for the transmission and reception of any and all wireless voice and data telephone and other wireless communication signals,” said its counterclaim. “Ulysses is in the business of owning, operating, and managing wireless infrastructure assets, including cell towers and rooftop communications sites,” it said. To operate a cell tower, the operator “must have real property rights that allow it to do so,” it said. “These rights can be obtained in various ways, including through a ground lease, an easement, or ownership of the fee simple interest in the property,” it said. Ulysses is a successor to T5 Unison Site Management as a party to the January 2009 easement agreement, it said.