Crown Castle Denies Refusing to Leave Landowner’s Property With Expiration of Its Lease

Crown Castle admits only that it leased land in rural Tennessee from plaintiff James Gragg for “a period of years” to build and operate a cell tower, but denies the plaintiff’s remaining allegations that it refuses to surrender the premises and remove its structures with the lease’s April 2022 expiration (see 2402090061), said the company’s answer Friday (docket 2:24-cv-02087) in U.S. District Court for Western Tennessee in Memphis. Gragg has failed to state a claim against Crown Castle for which relief may be granted, and his claims should be dismissed under Rule 12(b)(6) of the Federal Rules of Civil Procedure, said its answer. In the event that Gragg is entitled to damages, which the company denies, his compensation is capped by Section 29-15-122 of the Tennessee code, “which limits a tenant’s liability to the rent owed at the time of suit and any rent accrued while the tenant remains in possession,” it said.