Cell tower on neighboring property is not an aesthetic nuisance

In Laubenstein v. Bode Tower, LLC, 392 P.3d 706, 2016 OK 118 (Okla. 2016), the Oklahoma Supreme Court refused to recognize a cell tower on neighboring property as a nuisance. The neighboring owner complained both about the tower's appearance as well as the flashing warning lights installed for safety purposes which reflected in the water on his property. The court based its ruling partly on the traditional rule that "nuisance claims founded solely on aesthetic harm are not actionable." ¶11. Prior nuisance cases in the state either involved physical injury to land or offensive activity rendering homes uninhabitable.
See also: Nuisance