Laubenstein v. BoDe Tower, LLC

BoDe Tower was an Oklahoma limited liability company which owned a tract of land in the Gooseneck Bend area of Muskogee County. In 2009, BoDe Tower began the process of securing authorization from state and federal officials for the construction of a telecommunications tower on the tract in an effort to fill a gap in cellular coverage. Plaintiffs filed a lawsuit against the BoDe Tower asserting a nuisance claim. Plaintiffs' cause of action was predicated on the placement of a cellular telephone tower adjacent to their respective properties. Following a bench trial, the trial court entered a judgment in favor of the plaintiffs and directed BoDe Tower to disassemble the cellular tower. The Court of Civil Appeals affirmed the judgment. The Supreme Court granted a writ of certiorari and concluded the trial court's decision was against the clear weight of the evidence. "Considering the totality of the evidence presented in this case, BoDe's cellular tower cannot be deemed actionable nuisance. Our case law prohibits nuisance claims based entirely on aesthetic concerns. It would be wholly unreasonable to allow one individual's visual sensitivities to impede development of cellular phone service for the residents of Muskogee. BoDe Tower undertook significant investment and complied with all regulatory hurdles. The judgment of the Court of Civil Appeals is vacated, and the trial court's judgment in favor of the Plaintiffs is reversed." View "Laubenstein v. BoDe Tower, LLC" on Justia Law