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GTE Mobilnet of South Texas Limited Partnership v. Pascouet

Common-law claims for nuisance and invasion of privacy do not create an actual conflict with the Federal Telecommunications Act of 1996 that would trigger implied pre-emption.

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AFFIRMED IN PART AND REVERSED AND RENDERED IN PART AND OPINION FILED SEPTEMBER 13, 2001.

OPINION

The Pascouets brought nuisance and invasion-of-privacy claims after GTE Mobilnet of South Texas Limited Partnership erected a 126-foot cellular phone tower 20 feet from their Bunker Hill back yard. We examine whether the Federal Telecommunications Act of 1996 preempts the Pascouets’ claims; we also review the jury’s findings against GTE and its assessment of nearly one million dollars in damages. The trial court denied the Pascouets’ requests for a permanent injunction and for declaratory relief, and it rendered judgment on the jury’s verdict. On appeal, GTE attacks the money judgment; on cross-appeal, the Pascouets assert that the trial court should have granted injunctive and declaratory relief. We overrule all issues presented in this appeal, except that we hold there was no evidence to support the jury’s findings: (1) of future damages for the nuisance claims; and (2) of liability and damages as to the invasion-of-privacy claims. For the reasons stated below, we reverse and render judgment that the Pascouets take nothing as to future damages for their nuisance claims and as to all of their invasion-of-privacy claims; we affirm the remainder of the trial court’s judgment, including past damages for nuisance.

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