Cell Tower's 'Invasive' Lights Not A Nuisance, Caused No Physical Harm

Friday, April 27, 2018 3:18 am
May 2018 - Volume 46 Number 5

Thanks to an unusually broad view of “aesthetic harms,” the Supreme Court of Oklahoma ruled that the bright lights of a lawful cell tower were not a nuisance---even though a neighboring homeowner found them annoying, intrusive, and unnerving.

Facts BoDe Tower, L.L.C. (BoDe) properly constructed a telecommunications tower in Muskogee County, Oklahoma. BoDe acquired all of the necessary federal, state, and local permits. It also consulted with local Native American tribes, who did not object to the tower. After learning of the proposed tower, owners of a neighboring property sued BoDe in state court for public and private nuisance. Their petition sought to enjoin the tower's construction, but they didn't pursue injunctive relief. After the tower was finalized, the trial court held a bench trial. The evidence confirmed that BoDe had built its tower by the book and that th[..]