Kapton v. Bell Atlantic Nynex Mobile

RODGERS, Senior Judge.1

Teresa Kapton (Appellant) appeals from an order of the Court of Common Pleas of

*582Washington County (trial court) that granted the preliminary objections filed by Bell Atlantic NYNEX Mobile (N.Y.NEX) and Cecil Township (Township) (collectively NYNEX) and dismissed Appellant’s complaint in equity. We affirm.

On March 19, 1996, Appellant filed a complaint in equity against NYNEX alleging that NYNEX committed an actionable harm by erecting a 270 foot cellular telephone tower for commercial purposes on property adjacent to Appellant’s. Both Appellant’s and NYNEX’s properties…