The owner of a successful Oklahoma tower and lighting maintenance company saw an opportunity to provide homeowners in a severely underserved area east of Muskogee with cell service – in some homes non-existent – and constructed a 250-foot self-supporting tower that a major carrier was interested in co-locating on in 2010.
But as soon as it was built, homeowner Ken Laubenstein, living near the structure, brought a lawsuit against Robert Moore, owner of BoDe Tower, and Muskogee County District Court Judge Norman D. Thygesen, after a bench trial that lasted over five days, ruled that the tower was a private nuisance, as alleged in Laubenstein’s complaint, and ordered BoDe Tower to disassemble the tower within 60 days.
