March 20 Motions Hearing Set in Bitter Cell Tower Lease Dispute

U.S. District Judge James Browning for New Mexico in Albuquerque scheduled a March 20 in-person hearing on the motion of defendant property owner Academy Medical Office to dismiss the cell tower lease complaint of T-Mobile and Crown Castle and the plaintiffs’ motion to dismiss Academy’s breach of contract counterclaim (see 2301130001). T-Mobile asserts it was within its rights to sublet rooftop tower space to Crown Castle and in turn to Dish Network, but Academy maintains it was unlawful for T-Mobile to do so without the property owner’s written consent. Browning presumes the parties will appear in person for the hearing unless they notify him in writing by March 16 of their desire to appear remotely, said his text-only notice Wednesday (docket 1:22-cv-00910).