Judge Orders Ohio Property Owner Who Installed Cellsite Padlock to Give Plaintiffs Key
STC Two and Global Signal didn't adequately explain how recovery of rent they paid during defendant Thomas Branham’s breach of contract of a tower lease agreement would place them “in as good a position as it would have been in…
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but for the breach,” said U.S. District Judge James Graham’s signed opinion and order (docket 2:23-cv-00764) granting in part and denying in part their motion for summary judgment Thursday in U.S. District Court for Southern Ohio in Columbus. The plaintiffs' Feb. 24, 2023, fraud complaint (see 2302280015) alleged Branham “willfully breached” a lease with STC for a 2,500-square-foot section of his property that employees of Global Signal, STC’s attorney-in-fact for the cellsite, had been accessing for over 20 years when he installed a padlock on the gate at the entrance to the cellsite and refused to remove it. STC and Global Signal sought damages of over $75,000 plus interest, attorneys’ fees and costs and a declaration that Branham is prohibited from interfering with plaintiffs’ and their customers’ maintenance and operation of the cellsite. Graham denied counts one and two, that Branham is liable for breach of contract because, although the defendant doesn’t dispute the claim, he argued that plaintiffs didn’t establish “actual loss.” Count two, seeking declaratory relief, is moot, the judge said. Graham granted plaintiffs’ motion in count three for a permanent injunction against Branham, determining that plaintiffs’ injury suffered -- no unfettered access to the leased premises and potential for future harm -- “is irreparable, and cannot be adequately remedied with monetary damages.” Permanently enjoining Branham from interfering with plaintiffs’ access also serves the public interest “by ensuring reliable wireless communications services,” the order said. Branham is permanently enjoined from blocking or otherwise interfering with plaintiffs’ access easement over the property to the cellsite 24/7 and from maintaining a padlock on the gate at the entrance of the property without providing plaintiffs a key, the order said. The court granted summary judgment to STC Two and Global Signal in an award of attorneys’ fees pursuant to the terms of the lease. A hearing will be set to determine the reasonableness and amount of attorney fees to be awarded, it said.