Huntington landowner accuses telecommunications company of trespassing

By Noddy A. Fernandez | May 7, 2018

HUNTINGTON — A Huntington farm owner is suing a telecommunications company, alleging trespassing and creating a nuisance.

Pamela J. Watts filed a complaint in Cabell Circuit Court against American Tower Corporation, alleging the defendant willfully and wantonly exceeded the scope of the easement by operating and managing its cellular service tower on her property.

According to the complaint, from 2010 until the present, Watts' property at 6711 Merrits Creek Road, Huntington, has suffered significant damage after American Tower installed a cell tower in her property. Watts says the defendant had agreed to use eight acres of her land but has allowed multiple third parties to install their equipment on the cell tower. 

As a result, Watts says her farm business has been damaged due to heavy-duty vehicles that destroyed her land. 

The plaintiff alleges American Tower continued its overuse of the easement in wanton disregard of the landowner's property, exceeding the privileges granted by the easement and has created a substantial burden to Watts and to her property.

Watts seeks trial by jury, punitive damages, pre and post-judgment interest, costs, attorney fees and all other proper general and specific relief. She is represented by attorneys Thomas E. Scarr, Arnold J. Janicker and Michelle L. Bradley of Jenkins Fenstermaker, PLLC in Hungtington.

Cabell Circuit Court case number 18-C-199

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Cabell Circuit Court Jenkins Fenstermaker

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