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Four Indiana families file tower complaint

In another twist in the cellular phone legal health battle, a complaint has been filed jointly by four families in the St. Joseph Circuit Court for the State of Indiana alleging that their proximity to cellular towers, owned by defendants Charles S. Hayes, Charles S. Hayes Inc., Jacqueline L. Horvath and Horvath Communications Inc., are nuisances on their properties and a health risk.

The plaintiffs, William and Bonnie Hicks, Brett and Leslee Onnink, Peggy and Paul Barber and LouAnn Pennington, who all live within 700 feet of the defendant’s cellular towers, are seeking damages first for reductions in property value the towers have caused. In the complaint, the plaintiffs, who all bought their homes and/or property before construction of the towers, cite several nuisances they believe the towers have caused including, but not limited to:interference with operation of electrical products including appliances, garage door openers, radios, televisions, VCRs, cordless phones and baby monitors; constant or court fees and other relief the court deems just.

The wireless industry maintains that it follows federal guidelines when towers are sited and falls well within recommended levels of radiation exposure.

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