American Tower Says Md. Landlord's Breach of Contract Claims Still Inadequate

Maryland property owner Olcan III’s revised claims in a dispute over a rooftop cell tower against American Tower continue to lack important details on the breach of contract claims, American Tower said in a Wednesday filing in response to an amended complaint. "Reading the allegations in a light most favorable to Plaintiff, the Second Amended Complaint alleges that Global Tower’s use of the easement has damaged Plaintiff’s Property, as previously alleged in the Amended Complaint. Such skeletal and conclusory allegations are insufficient to state a claim for breach of contract," said American Tower. Because the complaint is still lacking, U.S. District Judge Richard Bennett for Maryland in Baltimore should dismiss the complaint with prejudice, it said. Bennett previously dismissed the breach of contract claim but said Olcan could update the complaint (see 2304250026). Olcan’s first amended complaint alleged Global Tower’s careless use of an easement to access its cell tower on the rooftop of a building in Baltimore that Olcan owns caused Olcan to incur repair costs and to lose rent and profits (see 2211140050).