affirmed

National Refining Co. v. Batte

Full Case Name
National Refining Co. v. Batte
Description

The court found that the service station created a nuisance for its neighboring resident because it allowed light from its customers' headlights using its station at night to shine into the windows of the neighboring residence.

Date
06-09-1924
Court
Mississippi Supreme Court
Jurisdiction
Mississippi
Plaintiffs
Defendants
Incident Location
Jackson, MS
Disputed Act

The individual plaintiff resided next to a property where the defendant had built a service station. The plaintiff alleged that headlights from the automobiles using the service station at night shined into his windows, which disturbed his sleep.

Holding
The court held that that the service station allowed light from its customers' headlights using the station at night to cause a nuisance for the plaintiff's neighboring residence. The court affirmed the lower court's overruling of the defendant's demurrer to the relief sought by the plaintiff. The plaintiff's relief sought was monetary damages and an injunction enjoining the defendant from maintaining its service station in a way that causes a nuisance toward the plaintiff.

Nugent v. Melville Shoe Corp.

Full Case Name
Nugent et al. v. Melville Shoe Corp.
Description

The court found that lights turned on after midnight by a defendant corporation was considered a nuisance to a plaintiffs' neighboring residential property in that it deprived the plaintiffs of the reasonable use of their property and disturbed their sleep.

Date
10-26-1932
Court
Massachusetts Supreme Judicial Court
Jurisdiction
Massachusetts
Plaintiffs
Defendants
Incident Location
Worcester, MA
Disputed Act

Melville Shoe Corp. maintainted a row of nitrogen lights in its building that were turned on at night, shining into the bedroom windows of the neighboring property, which disturbed the sleep of the the owners.

Holding
The court held that the unreasonable use of the nitrogen lights by the defendant after midnight caused a nuisance for the plaintiffs and found it was proper ground for equitable relief, presumably sending it down to the lower court for determining the specific equitable relief for the plaintiffs.

Asselin v. Town of Conway

Full Case Name
Michael Asselin, d/b/a Mario's Restaurant, & a. v. Town of Conway; Town of Conway v. Cardiff & Company
Description

The Court affirmed the trial court's findings that the Town's ordinance, which banned internally illuminated signs, is consistent with the requirements of the State Constitution and is a reasonable exercise of the Town's police power. The Court also affirmed the trial court decisions in favor of the Town's denial of the permit for an internally illuminated sign to plaintiff Asselin and granting an injunction requested by the Town enforcing the sign illumination ordinance against plaintiff Cardiff & Company's internally illuminated signs.

Date
07-02-1993
Court
New Hampshire Supreme Court
Jurisdiction
New Hampshire
Plaintiffs
Incident Location
Carroll County, NH
Disputed Act

The defendant, the Zoning Board of adjustment (ZBA) of the Town of Conway, denied a permit application for an internally lit sign to plaintiff Asselin because it was in violation of the town's ordinance which banned signs “illuminated from within." The trial court found the sign illumination provision valid and upheld the ZBA’s decision. In this consolidated case, another plaintiff, Cardiff & Company (Cardiff), also objected to the town's ordinance and was enjoined by the town from using his internally illuminated sign. The trial court issued a temporary injunction enforcing the ordinance’s regulation of Cardiff’s sign.

Holding
The Court affirmed the trial court's decision that the Town's ordinance, which banned internally illuminated signs, is consistent with the requirements of the State Constitution and is a reasonable exercise of the Town's police power. The Court also affirmed the trial court's finding that the Town had not exceeded its authority under the State zoning enabling act "by relying exclusively on the promotion of aesthetic values for its exercise of zoning power." The Court affirmed the injunction issued by the trial court enforcing the sign illumination ordinance against one of the plaintiff's signs.

Eller Media Co. v. City of Tucson

Full Case Name
ELLER MEDIA COMPANY, a corporation, Plaintiff/Appellant, v. CITY OF TUCSON, an Arizona municipal corporation, Defendant/Appellee
Description

The Court affirmed the trial court ruling which dismissed the case in favor of the City of Tucson's Outdoor Lighting Code regulating light fixtures mounted on the bottom of existing billboards. The Court found that no constitutional rights of the plaintiff company were violated and the proper standard of review was rational basis since plaintiff was not a member of suspect class.

Date
06-20-2000
Court
Arizona Court of Appeals
Jurisdiction
Arizona
Plaintiffs
Defendants
Incident Location
Tucson, AZ
Disputed Act

Upon remand of Whiteco Outdoor Advertising v. City of Tucson, 193 Ariz. 314, the trial court found that plaintiff had failed to establish its substantive due process or equal protection rights were violated by the City of Tucson's Outdoor Lighting Code provision, which banned light fixtures mounted on the bottom of existing billboards.

Holding
The Court affirmed the trial court ruling which dismissed the case in favor of the City of Tucson's Outdoor Lighting Code regulating light fixtures mounted on the bottom of existing billboards because it found that no constitutional rights of the plaintiff company were violated and the proper standard of review was rational basis since plaintiff was not a member of suspect class.
Disposition

D. Frederick, P. Hagaman, and B. Taylor v. Allegheny Twp. ZHB v. CNX Gas Company, LLC. v. Allegheny Twp. v. J.H. Slike and A.E. Slike, Northmoreland Farms LP v. M. Golembeiwski

Full Case Name
Dolores FREDERICK, Patricia Hagaman, and Beverly Taylor, Appellants v. ALLEGHENY TOWNSHIP ZONING HEARING BOARD v. CNX Gas Company, LLC v. Allegheny Township v. John H. Slike and Anne E. Slike, Northmoreland Farms LP v. Michael Golembeiwski and Lisa Golembeiwski, John P. Brunner, II, Esq., Jeffrey and Sheila Brunner, Miller Niksic, Joanne Resh, Richard and Patricia Trumble, Michael and Jacalyn Schumaker
Description

Residential neighbors challenged ordinance which allowed oil and gas operations and permit issued for a gas well nearby pursuant to the ordinance. The Court held that landowners failed to establish that natural gas drilling was incompatible within the zoning district or that the ordinance violated Environmental Rights Amendment to Pennsylvania Constitution; Zoning board was not required to perform pre-enactment environmental studies.

Date
10-26-2018
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Allegheny Township, PA
Disputed Act

Residential neighbors challenged zoning ordinance which allowed oil and gas operations and permit issued for a gas well nearby pursuant to the ordinance. Some of the objections of the neighbors were that the zoning ordinance did not adeuately protect the local water supply, limit noise, or reduce light pollution.

Holding
The Court held that landowners failed to establish that natural gas drilling was incompatible within the zoning district or that the ordinance violated Environmental Rights Amendment to Pennsylvania Constitution; Zoning board was not required to perform pre-enactment environmental studies.
Disposition

PEOPLE'S COUNSEL FOR BALTIMORE CTY. v. Loyola College

Full Case Name
PEOPLE'S COUNSEL FOR BALTIMORE COUNTY, et al. v. LOYOLA COLLEGE IN MARYLAND
Description

The County granted Loyola College a special exception to build a retreat center on a property in the Resource Conservation zone in Maryland. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. Loyola College proferred testimony that their use of the property would have minimal impact on the zone, including light pollution. The Court found the county could grant Loyola College a special exception to use the property for a retreat center and did not need to compare its potential adverse effects to other similiarly zoned locations in the jurisdiction.

Date
09-09-2008
Court
Court of Appeals of Maryland
Jurisdiction
Maryland
Plaintiffs
Incident Location
Baltimore County, MD
Disputed Act

Loyola College purchased a property in the Resource Conservation zone, which has the purpose "to foster conditions favorable to a continued agricultural use of the productive agricultural areas of Baltimore County by preventing incompatible forms and degrees of urban uses." The County granted Loyola College a special exception to build a retreat center on this property. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. At the trial court, Loyola College presented evidence that there would be minimal impact from their use of the property and that outdoor lighting at the Retreat Center would be "dark skies compliant."

Holding
The Court affirmed the lower court's judgment dismissing the case. The Court found there was no requirement that the zoning body must consider a comparison of the potential adverse effects of the proposed use at the proposed location to the potential adverse effects of the proposed use at other, similarly zoned locations throughout the jurisdiction in order to grant a special exception to the Resource Conservation zone.
Disposition

Andrews v. Antero Res. Corp.

Full Case Name
Robert L. ANDREWS, et al., Plaintiffs Below, Petitioners v. ANTERO RESOURCES CORPORATION and Hall Drilling, LLC, Defendants Below, Respondents
Description

Plaintiffs brought suit against Defendant companies, which held leasehold rights to develop oil and gas underlying the plaintiffs' properities, as they alleged the shale development by defendants caused them to lose the "use and enjoyment" of their properties. The Court affirmed the lower court's summary judgment in favor of defendant companies because it agreed with the finding that "effects on the surface owners resulting from the horizontal drilling were within the implied rights to use the surface granted by virtue of the severance deeds, and did not impose a substantial burden on the surface owners."

Date
06-10-2019
Court
Supreme Court of Appeals of West Virginia
Jurisdiction
Virginia
Plaintiffs
Defendants
Incident Location
Harrison County, NY
Disputed Act

Defendant companies has leasehold rights to develop oil and gas underlying various properties in Harrison County, including surface properties that are owned or resided on by the plaintiffs. The plaintiffs brought suit because they alleged that the defendants' development of the shale had caused them to lose "the use and enjoyment" of their properties due to "excessive heavy equipment and truck traffic, diesel fumes and other emissions from the trucks, gas fumes and odors, vibrations, noise, lights, and dust."

Holding
The Court affirmed the lower court's summary judgment in favor of defendant companies. The Court agreed with the lower court's finding that "effects on the surface owners resulting from the horizontal drilling were within the implied rights to use the surface granted by virtue of the severance deeds, and did not impose a substantial burden on the surface owners."
Disposition

City of Chula Vista v. Superior Court

Full Case Name
CITY OF CHULA VISTA, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; CALIFORNIA COASTAL COMMISSION, Real Party in Interest
Description

The Court found that substantial evidence supported the decision of the California Coastal Commission to disapprove the City's plan, which would have allowed excessive light pollution from economic development to endanger native species in the coastal zone.

Date
07-02-1982
Court
Court of Appeals of the State of California
Jurisdiction
California
Plaintiffs
Incident Location
Chula Vista, CA
Disputed Act

The City of Chula Vista formulated a development plan for its bayfront. The California Coastal Commission found the City's plan to be in conflict with the California Coastal Act, which required local governments within coastal zones to develop plans that would protect coastal resource areas. Specifically, the California Coastal Commission found that excessive light pollution from the city's proposed development would adversely impact native species in the costal zone.

Holding
The Court found that substantial evidence supported the decision of the California Coastal Commission to disapprove the City's plan to comply with the California Coastal Act, and denied the City's petition for writ of mandamus. This left in place the Superior Court's decision entering judgment in favor of the California Coastal Commission. The California Coastal Comission had refused approval of the City's plan that would have allowed excessive light pollution from economic development to endanger native species in the coastal zone.
Disposition

Bailey & Associates, Inc. v. Wilmington Board of Adjustment

Full Case Name
BAILEY AND ASSOCIATES, INC., Petitioner v. WILMINGTON BOARD OF ADJUSTMENT and CITY OF WILMINGTON, Respondents, and JOHN BLACKWELL and wife, ELIZA BLACKWELL; VICTOR BYRD and wife, CAROLYN BYRD; VISHAK DAS and wife, TRACY DAS; BILL DOBO and wife, BARBIE DOBO; BOB DOBO and wife, JEAN DOBO; BARBIE DOBO; BUTCH DOBO and wife, SHELLY DOBO; PATRICK EDWARDS and wife, KIM EDWARDS; MATT EPSTEIN and NINA BROWN; EARL GALLEHER and wife, LAUREN GALLEHER; BARBARA GUARD and husband, RON GUARD; GLENDA FLYNN; JANE HARDWICK; L.T. HINES and wife, JOY HINES; WRIGHT HOLMAN and SUSAN KEYES; JIM LONG and wife, BESS LONG; ANN McCRARY; KENYATA McCRARY and wife, GRACE McCRARY; PEM NASH and wife, GRETCHEN NASH; DONNA NOLAND; PAT PATTERSON and wife, MARY PATTERSON; DREW PIERSON and wife, KNOX PIERSON; DAVID POWELL and wife, JANICE POWELL; ALLEN RIGGAN and wife, PAM RIGGAN; NANCY ROSE; ROLF SASS and wife, JANIS SASS; BEN SPRADLEY and wife, SANDEE SPRADLEY; CHARLES SWEENY and wife, JUNE SWEENY; SUSAN SWINSON; GEORGE TURNER and wife, SUE TURNER; JOYCE ZIMMERMAN; NOAH ZIMMERMAN and wife, KATHRYN ZIMMERMAN; ROBERT SMITH and wife, MARY SMITH, Intervenor-Respondents
Description

The City's Board of Adjustment denied the plaintiff's development because it determined that it was located in a "Conservation Overlay District" and subject to certain "performance controls" intended to protect important environmental resources within the city. After plaintiff filed an appeal of the Board's decision in court, adjacent property owners filed for intervention claiming that the development would result in increase traffic, light pollution, noise, and loss of value to their properties. Plaintiff objected that the intervenors lacked standing and the Court affirmed the lower court's finding that the intervenors had standing.

Date
02-02-2010
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Defendants
Incident Location
Wilmington, DE
Disputed Act

Plaintiff company sought to develop a tract it owned which bordered a local creek. The City's Board of Adjustment denied the development because it determined that it was located in a "Conservation Overlay District" and subject to certain "performance controls" intended to protect important environmental resources within the city. After plaintiff filed an appeal of the Board's decision in court, adjacent property owners filed for intervention claiming that the development would result in increase traffic, light pollution, noise, and loss of value to their properties. Plaintiff objected that the intervenors lacked standing.

Holding
The Court affirmed the lower court's order holding that adjacent property owners intervening in the case between plaintiff and the City's Board of Adjustment about plaintiff's development had standing to intervene but were not entitled to relief from judgment based on newly discovered evidence.
Disposition

Board of Regents of the University of Wisconsin v. Dane County Board of Adjustment

Full Case Name
Board of Regents of the University of Wisconsin, Plaintiff-Respondent, v. Dane County Board of Adjustment, Defendant, Town Board of Montrose, Laura Dulski, and Bill Warner, Intervenors-Appellants
Description

The Court affirmed the Circuit Court's order reversing the Dane County Board of Adjustment's decision to deny the University of Wisconsin-Madison the ability to build a build a radio station tower. The Court found that the University of Wisconsin-Madison's radio station tower is a "governmental use" so it meets the requirements of conditional use permit in the A-1 Agriculture District Exclusive under the Dane County Zoning Ordinance.

Date
08-31-2000
Court
Wisconsin Court of Appeals
Jurisdiction
Wisconsin
Defendants
Incident Location
Montrose, Wisconsin
Disputed Act

A landowner applied to the Dane County Board of Adjustment (BOA) for a conditional use permit in the A-1 Agriculture District Exclusive under the Dane County Zoning Ordinance to build a radio station tower for the University of Wisconsin-Madison's use. The Town of Montrose and individuals within the town appealed to the BOA that the proposed tower was not government use and alleging that it would be not in keeping with the statutory requirements for A-1 Exclusive Districts because of its size, obtrusiveness, lights, and other features. The BOA determined that a tower for a University of Wisconsin-Madison student-run radio station was not "governmental use" because the testimony failed to show that operation of such a radio station by the University of Wisconsin "is an integral part of its educational mission."

Holding
The Court affirmed the Circuit Court's order reversing the Dane County Board of Adjustment's decision to deny the University of Wisconsin-Madison the ability to build a build a radio station tower. The Court found that the University of Wisconsin-Madison's radio station tower is a "governmental use" so it meets the requirements of conditional use permit in the A-1 Agriculture District Exclusive under the Dane County Zoning Ordinance.
Disposition