Defendant company installed a light pole with a protective, adjustable shield in its parking area so that its light shines into the plaintiff's bedroom windows of his residence at night, so plaintiff filed a nuisance suit. The trial court dismissed the nuisance suit because it found that defendant's light was in compliance with the City's Code. The Court reversed the dismissal of plaintiff's nuisance claim because it found that plaintiff had demonstrated a genuine issue of material fact about the reasonableness of defendant's driveway light.
Defendant company installed a light pole with a protective, adjustable shield in its parking area so that its light shines up into the plaintiff's bedroom windows of his residence at night. Plaintiff requested that defendant adjust the shield so that the light was not directed into plaintiff's windows, but defendant refused. Plaintiff then filed a nuisance suit, claiming that defendant's light pole with shielding caused "excessive light." The trial court dismissed the nuisance suit because it found that defendant's light was in compliance with the City's Code.