Jackson Co. couple says tower built without consent

RIPLEY -- A Jackson County couple is suing over claims a telecommunications tower has been built near their property without their consent.

David and Michelle Lowry filed a lawsuit July 2 in Jackson Circuit Court against American Towers LLC and Ryan Marks, citing private nuisance.

According to the complaint, Marks gave American Towers permission to build a telecommunications tower on his property in Cottageville, which is adjacent to the Lowrys' property. The suit says American Towers began constructing the 93-meter tower with a flashing strobe light on the property dividing line in June, which is the point at which the plaintiffs became aware of the plan.

The defendants are accused of private nuisance, which constitutes a legal duty not to interfere with the plaintiffs' enjoyment of their property or the real value.

The Lowrys are seeking judgement requiring the tower construction to be abated, compensatory damages and attorney's fees.

They are being represented in the case by attorneys Thomas R. Goodwin, Susan C. Wittemeier and Johnny M. Knisely II of Goodwin & Goodwin LLP in Charleston. The case has been assigned to Circuit Judge Thomas C. Evans.

Jackson Circuit Court Case No. 14-C-66