Leppla v. Sprintcom, Inc.

Brogan, Judge.

{¶ 1} Gary J. Leppla appeals from the trial court’s entry of summary judgment against him on his complaint alleging that a cellular telephone tower built near his residence is a common-law nuisance.

{¶ 2} Leppla advances two assignments of error on appeal. First, he contends that the trial court erred in entering summary judgment against him on his nuisance claim. Second, he claims that the trial court erred in refusing to consider the constitutionality of R.C. 519.211, which provides that a township lacks regulatory authority over cell towers located in certain areas. Upon…