Specializing in the production of gutters and roofing accouterments, Bend-Fast Inc. in Geneva, OH has filed a legal action against several parties after it discovered more cell tower support than it expected. Although Bend-Fast agreed to lease part of its land to host a cell tower back in 2006, it claims it never authorized the construction of an access road on its property, or the burying of fiber cable at the site. The encroachment was first noticed in 2019.
As the Star Beacon reports, Bend-Fast has named numerous parties in its lawsuit, including SBA Monarch Towers III, LLC, T-Mobile Central LLC, and Geneva Township. The lawsuit has also identified three sitting trustees, Tim Mills, Dennis Brown and Tiffany Miller, Township Fiscal Officer Tammy Caya, former trustees Robert Russell and Richard Pruden, and additional unnamed people and entities as responsible parties.
Bend-Fast claims that Geneva Township either built the access road itself, or allowed the tower crew to do it without first seeking permission. It makes similar claims about the fiber optic cables buried on its property. The parties named in the lawsuit are accused of civil trespass, criminal trespass, unjust enrichment and eminent domain. Bend-Fast is seeking at least $25,000 in compensatory damages, disgorgement of at least $25,000, and punitive damages of at least $25,000, along with court costs.
“I was planning to add a new building on the land,” stated Bend-Fast Inc. President Arnold Peet. “Ever since discovering what had happened, we have been stuck.”
The named parties have until mid-March to respond to Bend-Fast’s charges.
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