damages awarded

Smalley v. Ohio Department of Transportation

Full Case Name
SMALLEY, v. OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 1
Description

The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 30 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution. The Court ordered defendant to pay damages to the plaintiff for the crop loss.

Cite
142 Ohio Misc. 2d 27
Date
03-15-2007
Court
Ohio Court of Claims
Jurisdiction
Ohio
URL
https://www.courtlistener.com/opinion/6862626/smalley-v-ohio-department-of-tran…
Plaintiffs
individual
Defendants
state
Incident Location
Wyandot County, OH
Disputed Act

Plaintiff filed suit against the Ohio Department of Transportation because he alleged the "high mast" lighting it had installed on the roadway encroached upon his property and directly resulted in his soybean crop's inability to mature.

Holding
The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 30 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution. The Court ordered defendant to pay damages to the plaintiff.
Disposition
damages awarded
roadway lighting
light trespass
artificial light at night

Newell v. Ohio Department of Transportation

Full Case Name
NEWELL, Plaintiff, v. OHIO DEPARTMENT OF TRANSPORTATION, Defendant
Description

The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 23 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution because the light encroached upon plaintiff's property and directly resulted in his bean crop's inability to mature. The Court awarded damages to the plaintiff for the crop loss.

Cite
142 Ohio Misc. 2d 42
Date
03-06-2007
Court
Ohio Court of Claims
Jurisdiction
Ohio
URL
https://www.courtlistener.com/opinion/6862627/newell-v-ohio-department-of-trans…
Plaintiffs
individual
Defendants
state
Incident Location
Wyandot County, OH
Disputed Act

Plaintiff filed suit against the Ohio Department of Transportation because he alleged the "high mast" lighting it had installed on the roadway encroached upon his property and directly resulted in his bean crop's inability to mature.

Holding
The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 23 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution. The Court ordered defendant to pay damages to the plaintiff.
Disposition
damages awarded
roadway lighting
light trespass
artificial light at night
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