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Monday, April 29, 2024

Ohio County PSD sues organizations for trespassing on property

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WHEELING —  Ohio County Public Service District says three companies have wrongfully occupied land owned by the PSD and caused damage.

American Tower Corporation, American Towers LLC and CellCo Partnership were all named as defendants in the suit.

The PSD claims ATC owns and operates a cell tower that is trespassing on PSD property, according to a complaint filed in Ohio Circuit Court.

CellCo leased land from Triple P LLC in 2015 and CellCo subleased the property to ATC, however, the cell tower exceeds the bounds of the leased premises and encroaches on PSD's property.

The plaintiffs claim the defendants' placement of the cell tower is a deliberate and continuous physical invasion on the PSD's property and the defendants' actions have substantially and unreasonably interfered with the PSD's private use, enjoyment and general possession of its land.

PSD is seeking compensatory and punitive damages. It is represented by Michael C. Cardi and W. Taylor Frankovitch of Bowles Rice.

The case was assigned to Circuit Judge Ronald Wilson.

Ohio Circuit Court case number: 21-C-46

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