PHILADELPHIA — East Caln Township is suing wireless telecommunications companies SBA Towers Inc. and SBA Towers II LLC, citing alleged breach of contract.
East Caln filed a complaint June 15 in the U.S. District Court for the Eastern District of Pennsylvania, alleging that the defendants breached their duty of good faith and fair dealing.
According to the complaint, the residents and visitors of East Caln were forced to look at the defendants' unsightly cell tower, as the defendants allegedly failed to comply with the terms of a lease agreement that required the tower to replicate the design of a flag pole that would accommodate an American flag to conceal the traditional cell tower design.
The plaintiff said the defendants allegedly diminished the aesthetic beauty of the town's landscape, failed to comply with the lease agreement and altered the design of the flag pole/cell tower without approval from the township.
The plaintiff requests a trial by jury and seeks a ruling requiring the defendants to take corrective actions or return the leased premises to its pre-development condition, including the removal of the cell tower and related equipment, fencing and facilities. It is represented by Brian Boreman and Andrew Rau of Unruh, Turner, Burke & Frees in West Chester, Pennsylvania.
U.S. District Court for the Eastern District of Pennsylvania case number 18-C-2515