A dispute over the ownership of a transmission tower has turned into a legal battle between two California public broadcasters.
Sacramento pubcasters CapRadio and KVIE have filed countering lawsuits seeking a judgment on the owner of a tower and adjoining property in Elverta, Calif.
The lawsuit and countersuit claims follow a gift deed of the tower in March, granted to KVIE by the endowment that supports CapRadio. The donation preceded a proposed merger of the stations that didn’t get off the ground. A spokesperson for Sacramento State University previously told the Sacramento Bee that the endowment did not have the authority to gift the property.
In its lawsuit filed Oct. 21, KVIE claimed that the gift deed gives it ownership of the tower, which CapRadio uses to broadcast its 90.9 FM signal.
In its lawsuit, KVIE said it “never excluded, nor intends to exclude, CPR from use of the Tower and has no intention of doing so.” It said that it has “repeatedly invited CPR to enter into responsible financial commitments to support the Tower facility fully commensurate with its use relative to other lessors” to fix “deteriorating conditions,” which it says were caused by CapRadio neglecting to maintain the tower.
CapRadio countered Oct. 24 with its own lawsuit. It argued that a 1990 lease shows that it owns the property and tower and “should have ended any reasonable question of Tower ownership.”
CapRadio Interim GM Frank Maranzino updated members and listeners on the dispute in a post on the station’s website.
“We are disappointed that this has become a legal issue, especially since we can point to indisputable proof of ownership of the tower, which CapRadio has owned, operated and properly maintained for over 40 years,” Maranzino wrote. “CapRadio had no choice but to file a counter-claim against KVIE on Oct. 24 to protect our news radio broadcasting capabilities and dispel misinformation surrounding KVIE’s false claims of ownership.”
The next hearing in the case is scheduled for December 2025, according to court records.