The Second Lawsuit, Filed In Federal Court Against The Two Cities, Argues The Cities Are Violating A Section Of The Telecommunications Act By Prohibiting Access To The Requested Utility Easement And Withholding A Permit And Seeks More Than $75,000.

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TowerCo then worked with AEP to propose alternate routes for utilities, which church leadership rejected. "At this point, we have exhausted every single option," Jason Woodward, business development director for TowerCo, told The Canton Repository on Thursday. first lawsuit, filed in Stark County Common Pleas Court, accusesthe church of breaching its contract with the company and seeks more than $25,000. The second lawsuit, filed in federal court against the two cities, argues the cities are violating a section of the Telecommunications Act by prohibiting access to the requested utility easement and withholding a permit and seeks more than $75,000. The North Canton Planning Commission approved construction of the 140-foot cell tower last year, amid protests from residents in the neighboring Montabella Estates, the church and city of Canton officials. An appeal by the Canton neighborhood association later was denied.The property is located in North Canton near the Canton border, and the easement needed is owned by the city of Canton. Woodward said TowerCo wants to build the cell tower to improve Verizon coverage during peak seasons in Stark County, such as the Pro Football Hall of Fame festival week. Below: Alternate routes proposed for utilities First Friends lawsuit The lawsuit filed against the church asks the judge to determine that TowerCo has the right to run utilities within the church parcel, to keep the church from interfering, and to award TowerCo damages in excess of $25,000. It argues the church violated the terms of the lease agreement by "unreasonably" withholding consent as it relates to a route for utilities and by delaying the project. "Without an operational tower and related facilities, plaintiffTowerCo is incurring lost revenue, as well as other expenses and damages, on a monthly basis," the lawsuit reads. First Friends Church originally agreed to the lease and intended to use the money to fund its sports ministry, though church pastors later tried to get out of the contract after learning neighbors were unhappy about the tower. The lease agreement stipulated TowerCo would pay the church $144,000 on July 1 or on the first day of commercial operations, according to documents filed with Canton City Council. Woodward said the church received its check which pays for 10 years of rent in mid-July, and it was cashed before the end of the month. This fall, TowerCo presented church officials with several alternate routes along the property's boundaries for utilities, after Canton City Council denied the Market Avenue N. easement. Church officials wouldn't agree to other routes, however, citing the possibility of future expansion. Woodward said part of the unsuccessful negotiation included TowerCo offering to pay to relocate utilities later if the church wanted to build.

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